Quashed

Birupaksha Sethi v. State of Odisha

Orissa HC10 Sept 2026WP(C)/6753/2026

Case brief

AI extract

What is this about?

This bench disposed of numerous writ petitions challenging a government resolution regarding the changing of a post designation from PHEO to PHCO. The court quashed the resolution issued on 28.01.2026, holding that such a resolution cannot be passed before the formal amendment to the Rules is carried out.

What did the court decide?

The impugned resolution dated 28.01.2026 was quashed. It is open for the Opposite Parties to proceed with the selection process initiated if any pursuant to the letter dated 06.01.2025.

Birupaksha Sethi Vs State of Odisha — Public Procurement and Tenders | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos. 4608, 4747, 4753, 4839, 4950, 5400 , 5483, 5747, 6121, 6314, 6331, 6504, 6506, 6509, 6511 , 6517,6518, 6522, 6535, 6542, 6543, 6544, 6548, 6552, 6753, 7531, 7533, 7535, 7536, 7545, 7557, 7559, 8177, 8188 , 8189, 8200, 8207 , 8211, 8212, 8214, 8217, 8436, 8468, 8476, 11414, 11524, 11529,11534, 11598 , 11624, 11629, 11658,11983, 12197, 12201, 12202, 12268, 12274, 12312, 12333, 12337, 13038, 13819, 13872 & 23461 of 2026

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CNR Nos. ODHC010095752026, ODHC010099382026 , ODHC010099412026, ODHC010105042026, ODHC010106252026, ODHC010120022026, ODHC010120162026, ODHC010120052026, ODHC010140852026, ODHC010131322026, ODHC010131382026, ODHC010142722026 , ODHC010142662026,ODHC010142422026, ODHC010142802026, ODHC010142582026, ODHC010142532026, ODHC010142832026, ODHC010142632026, ODHC010142292026, ODHC010142142026, ODHC010142312026, ODHC010142192026, OHC010142262026, ODHC010147012026, ODHC010167172026, ODHC010167222026, ODHC010167402026, ODHC010167492026, ODHC010167532026, ODHC010167582026, ODHC010167652026, ODHC010167132026, ODHC010185352026, ODHC010185412026, ODHC010185262026, ODHC010185472026, ODHC010185682026 ODHC010185572026, ODHC010185982026, ODHC010189102026, ODHC010189152026, ODHC010185502026, ODHC010188662026, ODHC010189202026, ODHC010239572026, ODHC010259782026 ODHC010259822026, ODHC010259852026, ODHC010260642026 ODHC010260562026, ODHC010260572026, ODHC010260602026 , ODHC010262582026, ODHC010262922026, ODHC010262992026 ODHC010263022026, ODHC010262822026, ODHC010262712026, ODHC010260632026, ODHC010262662026, ODHC010262692026, ODHC010263082026, ODHC010262612026 & ODHC010262572026

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WP(C) No. 4608 of 2026 CNR No. ODHC010095752026

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Lili Sutar

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..... Petitioner Mr. S.K. Gartia, Advocate

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-versus- State of Odisha & Ors. ..... Opposite Parties Mr. S.P. Das, ASC

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Page 1 of 4.

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CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER

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10.09.2026

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Order No. 01

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This matter is taken up through hybrid mode.

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Heard learned counsel appearing for the Parties in the present batch of writ petitions and Mr. S.P. Das, learned Addl. Standing Counsel appearing for the Opp. Parties.

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All these writ petitions have been filed inter alia challenging the impugned resolution issued by the Department-Opp. Party No. 1 on 28.01.2026.

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Bereft of the grounds of challenge to the impugned resolution, learned counsels appearing for the Petitioners contended that since as admitted in Para 7 of the counter affidavit so filed by the StateOpp. Parties in W.P.(C) No. 4608 of 2026, such a resolution has been issued in anticipation of an amendment to be carried out in future to Odisha Health (Extension and Conditions of Service) Rules, 2013, post of PHEO could not have been re-designated as PHCO, with appointment to the post of PHCO only by way of direct recruitment. It is accordingly contended that Resolution dt.28.01.2026 is not sustainable in the eye of law and liable to be set-aside.

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Stand taken in Para 7 of the counter affidavit so filed in W.P.(C) No. 4608 of 2026 and adopted in the connected cases, reads as follows:-

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Page 2 of 4.

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“That, the impugned resolution dtd. 28.01.2026 (Annexure11) has been passed to bring about a future amendment in the Odisha Health Extension and Communication Service (Method of Recruitment and Conditions of Service) Rules, 2013 to change the post of PHEO to Public Health Communication Officer (PHCO). When the said amendment comes into force, PHCOs would be appointed through Direct Recruitment. The proposed amendment is policy decision of Government which is being given effect to bring factual change in public health seeking behavior, improve community health practices, provide better scope for universal health coverage and similar greater public benefits. It is humbly submitted that quashing the said resolution would be detrimental to the greater public good.”

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Having heard learned counsel appearing for the Parties, considering the submission made and in view of the admission made in Para 7 of the counter affidavit that such change of the designation of the post of PHEO to PHCO with a further stipulation that post of PHCO will not be filled-up only by way of direct recruitment, it is the view of this court that prior to carrying out the amendment to the 2013 Rules, no such resolution could have been issued. Accordingly, this Court is inclined to quash the impugned resolution dtd.28.01.2026, so impugned in the present batch of writ petitions and quash the same accordingly.

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6.1. In view of the quashing of the impugned resolution, it is open for the Opp. Parties to proceed with the selection process, if any initiated pursuant to letter dtd.06.01.2025.

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Page 3 of 4.

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