Orissa High CourtWPC(OAC)/2518/2015dismissed for defaultnonprosecution

Naha Hemram v. State Of Odisha

2022-07-13Mr. Justice M.S.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No. 2518 of 2015 Naha Hemram ....

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

Opp. Parties Mr. B. Mohanty, SC, S&ME Department For OPs.1 to 3

CORAM:

JUSTICE M.S.SAHOO Order No.

ORDER(Oral) 13.7.2022 02 1. This matter is taken up through hybrid mode.

2. None appears for the petitioner when the matter is called.

3. When the matter was last taken up on 30.6.2022, none had appeared for the petitioner. After considering the matter in some detail as well as hearing learned Standing Counsel for the S&ME Department, following order was passed granting liberty to the petitioner :

"2. None appears for the petitioner when the matter is called.

The writ petition has been registered before this Court on 24.12.2021 after the Original Application was transferred upon abolition of the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack.

3. On perusal of the available order sheets of the learned Tribunal it is indicated that the matter was taken up by the learned Tribunal on 19.7.2016 and none had appeared for the petitioner and to grant further chance to the petitioner, it was adjourned observing that if none appears on the next date of listing, the O.A. is to be disposed of for non-prosecution. On 16.8.2016 learned Tribunal directed learned counsel for the State to obtain instruction and copy was to be served on the learned Standing Counsel, School & Mass Education Department.

4. The matter was never taken up thereafter. The O.A. was filed in the year 2015 by the applicant before the

learned Tribunal after he was not selected for the post of Assistant Cook in Kasturba Gandhi Balika Vidyalaya (KGBV) pursuant to the advertisement no. 3345 dated 10.10.2014.

5. It is submitted by learned Standing Counsel that since the challenge is to a selection process that had taken place in the year 2014, nothing would survive for adjudication after eight years more so, when the respective rights of the selected candidates has crystalised.

6. It is further submitted that since copies were not served on the learned Standing Counsel, S&ME Department, no further instruction is available with him.

7. To grant another opportunity to the petitioner, list on 13.7.2022."

4. Learned Standing Counsel reiterates the submission on behalf of the O.P.-State as noted in the order dated 30.6.2022.

6. Having heard learned counsel for the parties, the writ petition is dismissed for non-prosecution.

(M.S.Sahoo) Judge dutta