Jayasmita Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.4930 of 2022 Jayasmita Barik ....

Petitioner Mr. Mukesh Panda, Adv.

-versusState of Odisha and Anr..

....

Opposite Parties Ms. Suman Pattanayak, AGA (for O.Ps.1 & 2)

CORAM:

MR. JUSTICE S.K. PANIGRAHI

ORDER

25.03.2022 Order No.

01.

1. This matter is taken up through hybrid arrangement.

2. Heard.

3. The petitioner has approached this Court challenging the unreasonable order issued by the opposite party No.3Principal, Maharaja Purna Chandra (Autonomous) College, Baripada, in the district of Mayurbhanj vide letter No.1673 dated 14.07.2021 disengaging her as Guest Faculty in Political Science.

4. Grievance of the petitioner is that since the petitioner was engaged as Guest Faculty in the Department of Political Science of the said College, the petitioner should not have been disengaged in an arbitrary manner. The tenures of engagement of most of the Guest Faculties have been extended from 31.07.2021 till 30.04.2022. But the tenure of the petitioner has not been extended. He further submits that at that point of time, the petitioner was in advanced stage of pregnancy. During such advanced stage of her pregnancy, she requested the authority to allow her to take online classes. However, the authority did not

// 2 // allow her to take online classes. Instead, she has been disengaged with effect from 16.07.2021 vide Annexure-1.

5. The disengagement letter dated 14.07.2021 issued by the opposite party No.3 reflects that since the courses of 6th Semester of U.G. Classes and 4th Semester of P.G. Classes were almost over at that point of time, as per the report of the Heads of Department, Political Science and the examination of the same was going to be held. Thus the service of the petitioner as Guest Faculty in Political Science was no more required. Accordingly, the petitioner was disengaged. The disengagement order dated 14.07.2021 issued by the opposite party No.3- Principal, Maharaja Purna Chandra (Autonomous) College, Baripada, in the district of Mayurbhanj is quoted hereunder:

"To, Smt. Jayasmita Barik, At/Po- SAhadevkhunta, Balasore, Xx xx xx Sub: Disengagement as Guest Faculty in Political Science.

Madam, Since the 6th Semester of UG Classes and 4th Semester of P.G. Classes are almost over as per the report of the H.O.D., Pol, Science and the Examination for the same is going to be held, your service as Guest Faculty in Pol. Science is no more required for the year 2020-21. Hence, you are hereby disengaged as Guest Faculty with effect from 16.07.2021.

Sd/- Yours faithfully, Principal M.P.C. (Autonomous) College, Takhatpur, Baripada."

// 3 //

6. In view of the contents of the above disengagement order and the fact that the authority has its own discretion to engage or disengage the Guest Faculty for the purpose of exigency of service, this Court does not find any infirmity in the above disengagement order dated 14.07.2021 issued by the opposite party No.3- Principal, Maharaja Purna Chandra (Autonomous) College, Baripada, in the district of Mayurbhanj.

7. Accordingly, this writ petition stands dismissed. .

( S.K. Panigrahi) Judge BJ