Sambit Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 1755 of 2015 Sambit Mishra ....

Petitioner None -versusState of Odisha & others ....

Opp. Parties Mr. B.A. Prusty, Standing Counsel (School and Mass Education)

CORAM:

JUSTICE M.S. SAHOO Order No.

ORDER

28.09.2022 02.

1.

This matter is taken up through hybrid mode.

RJ 2.

None appears for the petitioner, when the matter is called. 3.

When the matter was taken up on 22.06.2022, none had appeared for the petitioner and after hearing the learned Standing Counsel for the School and Mass Education Department, the matter was adjourned granting another opportunity to the petitioner, the following order was passed:- "2. None appears for the petitioner when the matter is called.

3. The writ petition has been renumbered and registered before this Court on 21.12.2021 after being transferred, upon abolition of the learned State Administrative Tribunal, Cuttack Bench, Cuttack.

4. On perusal of the available order-sheets of the learned Tribunal, it is indicated that notices were issued on 22.05.2015 and the interim order was refused by the learned Tribunal. The matter was never taken up/pursued thereafter.

5. The Original Application was filed in the year 2015 by the petitioner, intending candidate for contractual teacher (Science, CBZ) as his candidature was rejected and his name was indicated at Sl.no.41 of the list of rejected candidates for the district of Khurda.

6. It is submitted by the learned Standing Counsel appearing for the opposite parties that nothing would survive as the petitioner was not protected by

// 2 // any interim order and the selection process of contractual teacher initiated in the year 2014 is long since over.

7. Having heard the learned Standing Counsel to grant another opportunity to the petitioner, list on 29.07.2022."

4.

Learned Standing Counsel for the School and Mass Education Department reiterates the submissions on behalf of the opposite parties as noted in the order dated 22.06.2022. 5.

Due to lack of prosecution by the petitioner, the writ petition is disposed of having heard the learned Standing Counsel, granting liberty to the petitioner to revive the petition within ninety days for any surviving cause of action. (M.S. Sahoo) Judge