Smt.Baijayanti Biswal Vs State of Orissa — Orissa HC (2026) — LawSathi Research

Smt.Baijayanti Biswal Vs State of Orissa — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Modification of the order dated 09.03.2026 effected by deletion of paragraph Nos.4 and 5 and substitution of new paragraphs: the Director of Higher Education, Odisha is to consider the appellant's case in terms of the Supreme Court judgment dated 29.01.2026; the impugned order dated 23.12.2014 passed in O.J.C. No.15750 of 2001 is set aside; the appellant is to approach the Director of Higher Education, Odisha to agitate her grievance in terms of the Supreme Court order dated 29.01.2026 in Civil Appeal No.9828 of 2024 and other connected appeals; the writ appeal stands disposed of; the rest of the order dated 09.03.2026 remains unaltered; I.A. No.1045 of 2026 disposed of.

Issue for consideration

Whether the order dated 09.03.2026 disposing of the writ appeal should be modified by deleting paragraph Nos.4 and 5 and substituting paragraphs recording that the Director of Higher Education, Odisha will consider the appellant's case in terms of the Supreme Court judgment dated 29.01.2026, setting aside the impugned order dated 23.12.2014 passed in O.J.C. No.15750 of 2001, and directing the appellant to approach the Director of Higher Education, Odisha.

Court's answer

The Court modifies the order dated 09.03.2026 to the extent prayed in I.A. No.1045 of 2026, considering the submissions of learned counsel for both sides and the averments in the interim application; learned counsel for the State had raised no objection to the substitution/insertion of the proposed paragraphs.

Ratio / Principle

The rest part of the order dated 09.03.2026 remains unaltered.

Key takeaways

Substituted paragraph 4 records that, as submitted by learned counsel for the State, the Director of Higher Education, Odisha is to consider the case of the appellant in terms of the judgment of the Hon'ble Supreme Court dated 29.01.2026, and sets aside the impugned order dated 23.12.2014 passed in O.J.C. No.15750 of 2001.ratio¶20
Substituted paragraph 5 observes that the appellant/writ petitioner shall approach the Director of Higher Education, Odisha to agitate his grievance in terms of the order dated 29.01.2026 passed by the Hon'ble Supreme Court in Civil Appeal No.9828 of 2024 and other connected appeals.ratio¶21

Detailed headnote1 paragraphs

Writ Appeal — Modification of disposal order — High Court of Orissa at Cuttack, WA No.37 of 2015 / I.A. No.1045 of 2026 (order dated 13.03.2026, Bench of Manash Ranjan Pathak and Sibo Sankar Mishra, JJ.): The appellant, apprehending that after disposal of the writ appeal as withdrawn vide order dated 09.03.2026 (which relied on a Supreme Court judgment in SLP (C) No.3544 of 2020) her case might not be considered in light of the Supreme Court judgment, prayed for deletion of paragraph Nos.4 and 5 of that order and substitution of new paragraphs. With no objection from the State counsel, the Court modified the order dated 09.03.2026: substituted paragraph 4 records that the Director of Higher Education, Odisha is to consider the appellant's case in terms of the Supreme Court judgment dated 29.01.2026 and sets aside the impugned order dated 23.12.2014 passed in O.J.C. No.15750 of 2001; substituted paragraph 5 directs the appellant to approach the Director of Higher Education, Odisha to agitate her grievance in terms of the Supreme Court order dated 29.01.2026 in Civil Appeal No.9828 of 2024 and other connected appeals; with these observations the writ appeal stands disposed of. The rest of the order dated 09.03.2026 remains unaltered; the present order is to be read together with the order dated 09.03.2026; I.A. disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

WA No.37 of 2015

Smt. Baijayanti Biswal …. Appellant/ Petitioner

Represented By Adv.Mr. S. Patra, Advocate

-versus-

State of Odisha and others …. Respondents/ Opp. Parties

Represented By Adv.Mr. Debaraj Mohanty, AGA

CORAM: THE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK AND

THE HON’BLE MR. JUSTICE SIBO SANKAR MISHRA

Order No.

ORDER 13.03.2026 (Hybrid mode)

I.A. No.1045 of 2026

15.

1 . Heard Mr. S. Patra, learned counsel appearing for the appellant and Mr. Debaraj Mohanty, learned Additional Government Advocate for the State.

2 . This is an application for modification of the order dated 09.03.2026.

3 . The writ appeal was disposed of vide order dated 09.03.2026 relying upon the judgment of the Hon’ble Supreme Court in SLP (C) No.3544 of 2020. However, the

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appellant has moved the present application apprehending that since the writ appeal is disposed of as withdrawn, the respondent may not consider her case in the light of the judgment of the Hon’ble Supreme Court. Therefore, she makes prayer for deletion of paragraph Nos.4 and 5 of the order dated 09.03.2026 and to substitute these by inserting the following paragraphs:

“4. In view of the aforementioned direction and

as submitted by the learned counsel for the State that the Director of Higher Education, Odisha is consider the case of the appellant in terms of the judgment of the Hon’ble Supreme Court dated 29.01.2026, we set aside the impugned order dated 23.12.2014 passed in O.J.C. No.15750 of 2001.

It is observed that the appellant/writ petitioner shall approach the Director of Higher Education, Odisha to agitate his grievance in terms of the order dated 29.01.2026 passed by the Hon’ble Supreme Court in Civil Appeal No.9828 of 2024 and other connected appeals.

With the above observation and direction, the writ appeal stands disposed of.”

4 . Learned counsel for the State has no objection in the substitution/insertion of above paragraphs.

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5 . Considering the submissions made by the learned counsels for the respective parties and the averments taken in the interim application, we modify the order dated 09.03.2026 to the above extent.

6 . The rest part of the order dated 09.03.2026 remains unaltered.

7 . I.A. is accordingly disposed of.

8. This order shall be read together with the order dated 09.03.2026 passed in the present writ appeal.

9 . Urgent certified copy of this order be granted on proper application.

(Manash Ranjan Pathak),

Judge

(Sibo Sankar Mishra),

Judge

Rabindra/Ranjeeta

Signature Not Verified

Digitally Signed Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 16-Mar-2026 12:08:16

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