Sony Sil Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Sony Sil Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order modified permitting the appellant to apply in terms of the corrigendum issued by respondent No.3-OPSC, which the authorities shall accept upon compliance with all requisite conditions; writ appeal and interlocutory application(s), if any, disposed of.

Issue for consideration

Whether, in view of the apex Court judgment in Jane Kaushik (Transgender Rights Enforcement) v. Union of India, (2026) 1 SCC 336, a separate category for transgender/third gender candidates was required to be included in the OPSC recruitment advertisement. +1 more

Court's answer

Since respondent No.3-OPSC has already issued a corrigendum including the third gender/transgender as a separate category and extended the time for making the application, the Court held there is no subsisting grievance in the matter.

Ratio / Principle

The impugned order is modified to the extent that the appellant may make the application strictly in terms of the corrigendum issued by respondent No.3-OPSC, and the authorities shall accept the same if the appellant complies with all requisite conditions incorporated therein.

Detailed headnote1 paragraphs

Writ Appeal (W.A. No. 297 of 2026, decided 24.02.2026) — Division Bench of Harish Tandon, Chief Justice, and Murahari Sri Raman, J. — The appellant, a transgender/third gender candidate, challenged the order dated 9th February, 2026 of a learned Single Judge in W.P.(C) No.4120 of 2026, which had directed him to make a fresh representation before respondent No.3 (Odisha Public Service Commission) enclosing relevant documents, to be considered within three months. The sole ground of challenge was that, despite the apex Court judgment in Jane Kaushik (Transgender Rights Enforcement) v. Union of India, (2026) 1 SCC 336, a separate category for transgender/third gender was required in the advertisement, and that the representation direction would not benefit the appellant as the application submission deadline would expire in the interregnum. During the appeal, OPSC issued a corrigendum permitting third gender/transgender persons to upload their identity certificate/card issued by the competent authority with documents supporting change of name, and extended registration and fee payment till 27th February, 2026. Held: no subsisting grievance remained; the impugned order was modified to permit the appellant to apply strictly in terms of the corrigendum, which the authorities shall accept upon compliance with all requisite conditions. Writ appeal and interlocutory application(s) disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No. 297 of 2026

…. Sony Sil

Appellant

Dr. Binoda Kumar Mishra, Advocate Ms. Eliza Panda, Advocate

-versus-

…. State of Odisha and others Respondents

Mr. Arnav Behera, Advocate for OPSC

CORAM:

HON’BLE THE CHIEF JUSTICE AND

HON’BLE MR JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

24.02.2026

1. The instant writ appeal is directed against an order dated 9^th

February, 2026 passed by a learned Single Judge of this Court in W.P.(C) No.4120 of 2026 by which, a direction was passed upon the appellant to make a fresh representation before the respondent No.3 by enclosing all the relevant documents and in the event, such representation is filed within the time stipulated therein, the same shall be considered within three (03) months from the date of receipt of the said representation.

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2. The appellant has challenged the said order of the learned Single Judge, solely on the ground that despite the judgment rendered by the apex Court in case of Jane Kaushik (Transgender Rights Enforcement) v. Union of India , reported in (2026) 1 SCC 336 , a separate category is required to be included in the advertisement pertaining to the transgender/third gender.

3. According to the learned counsel appearing on behalf of the appellant, the direction to make a representation and its consideration within the time would not inure to the benefit of the appellant as the last date for submission of the application shall expire in the interregnum.

4. We invited the attention of learned counsel representing the respondent No.3- the Odisha Public Service Commission (OPSC), who sought for an adjournment to ponder upon the said issue. Today, a corrigendum has already been issued by the respondent

No.3 to the effect that a person belonging to the third gender/transgender shall be permitted to upload their identity certificate/card issued by the competent authority along with the requisite documents in support of change of their name. The time for

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registration as well as the payment of the examination fees has also been extended till 27^th February, 2026.

5. Since the respondent No.3-OPSC has already issued a corrigendum, including the third gender/transgender as a separate category and extended the time for making the application, we do not think that there is any subsisting grievance in the instant matter.

6. The impugned order is thus modified to the extent that it is open to the appellant to make the application strictly in terms of the corrigendum issued by the respondent No.3-OPSC and the authorities shall accept the same in the event, the appellant complies with all the requisite conditions incorporated therein.

7. The writ appeal is accordingly disposed of. Interlocutory application(s), if any, stands disposed of.

(Harish Tandon) Chief Justice

(M.S. Raman)

Judge

S. Behera

Signature Not Verified

Digitally Signed Signed by: SUMANTA BEHERA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 24-Feb-2026 11:37:47

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