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Orissa High CourtWP(C)/29319/2022disposed off

Jashobanti Pradhan v. State Of Odisha

2022-11-29Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29319 of 2022 Jashobanti Pradhan & another ....

Petitioners Mr.Biswajit Pradhan, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.T.K.Patnaik, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.11.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioners and learned Additional Standing Counsel.

3.

The Petitioners have filed the present writ application with the following prayer:

" It is therefore prayed that this Hon'ble Court would be graciously pleased to allow this writ petition, issue a rule NISI calling upon the Opposite Parties to file show cause as to why the Opposite Parties, quashed the selection process, in pursuant to the advertisement No.40 dated 03.01.2020 under Annexure-3 within a stipulated time, if the Opposite Parties fail to file any show cause or show insufficient cause, this Hon'ble Court would be pleased to make absolute the said rule and issue a writ in the nature of mandamus or any other appropriate writ or writs, directing the opposite Parties to consider candidature of the Petitioner after quashing the selection procedure in pursuant to advertisement under Annexure-3 and further be pleased to pass such other/further order or orders, direction or directions or issue appropriate writ(s), in the facts and circumstances of the present case in the interest of justice.

And for which act of kindness, the Petitioners as in duty bound shall ever pray."

4.

In course of hearing of the writ application, learned counsel for

// 2 // the Petitioners submits that the Petitioners ventilating their grievance have submitted representation before the Chief District Medical Officer, Sambalpur, Opposite Party No.3 on 23.11.2020 under Annexure-7 series. It is also submitted by the learned counsel for the Petitioners that the said representations are pending as of now. It is also submitted by the learned counsel for the Petitioners that a direction be issued to the Opposite Party No.3 to consider the representation of the Petitioners under Annexure-7 series within a stipulated period of time.

5.

Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioners is considered by the Opposite Party No.3, which are stated to be pending, in accordance with law within a stipulated period of time.

6.

Considering the limited nature of grievance of the Petitioners, the writ application is disposed of at the stage of admission with a direction to the Opposite Party no.3 to consider the representations of the Petitioners under Annexure-7 series in accordance with law within a period of four weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representations of the Petitioners under Annexure-7 series by passing a speaking and reasoned order.

7.

With the aforesaid observation, the writ application stands disposed of.

8.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge