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1928 DAILYLAW 1 (ORI)

LIPISA KUMARI TANTI v. STATE OF ODISHA

WP(C)/1928/2026 · 2026-01-20

Aditya Kumar Mohapatra

Writ Petition (Civil)body1928

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.1928 of 2026 Lipisa Kumari Tanti ..... Petitioner Represented by Adv. - Bivudatta Chalan -versus- State Of Odisha and others ..... Opposite Parties Represented by Adv. – Smt. S. Nayak, ASC CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 20.01.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner as well as learned Additional Government Advocate appearing for the State- Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. By filing the present writ application, the Petitioner has prayed for the following relief:- “In view of the above, it is most respectfully prayed that this Hon'ble Court may be graciously pleased to ; 1. Quashed the impugned advertisements under Annexure-2 (a&b) issued by Opp. Party No.3. 2. Direct the opposite parties to consider the representation for adjustment to the available vacancies of Guest Teachers or equivalent positions in any part of the district of Koraput, in accordance with their qualifications, experience, and prior service, without terminating their services or excluding them from the recruitment process. OR Page 2 of 3. 3. Declare that the Petitioner, having served as Guest Teachers for a considerable period, are entitled to be adjusted into the existing vacancies in the Koraput district, and their continued employment in those positions is in the best interest of the students and the education system. OR 4. Direct the Opposition Parties to take necessary steps to regularize or adjust the Petitioner into the vacancies in a fair and just manner, in line with the principles of natural justice , equality and fairness, without causing undue hardship to the Petitioner. OR Pass any other order/orders as this Hon'ble Court deem think fit and proper..” 4. Learned counsel for the Petitioner at the outset contended that the Petitioner who are continuing as Guest Teacher under the SC & ST Development Department, i.e., the Opposite Party No.2 to the present writ application approached this Court for a direction to the Opposite Party No.3 to take into consideration the experience of the Petitioner while proceeding with the recruitment pursuant to the advertisement under Annexure-3. Learned counsel for the Petitioner at this juncture contended that the Petitioner is entitled to get the benefit of their experience at the time of consideration of his case for recruitment. He further submitted that although the Petitioner has ventilated their grievance before the Commissioner- cum-Secretary, School and Mass Education Department, Govt. of Odisha-Opposite Party No.1, however, such representation has not been duly considered. Being aggrieved by such inaction on the part of the Opposite Party No.1, the Petitioner has approached this Court by filing the present writ application. 5. Learned counsel for the State on the other hand contended that since the Petitioner has already approached the Opposite Party Page 3 of 3. No.1 who is the competent authority to take a decision in the matter and the representation of the Petitioner dated 15.01.2025 is stated to be pending before the Opposite Party No.1, he will have no objection in the event this Court directs the Opposite Party No.1 to take a lawful decision on the representation of the Petitioner within a stipulated period of time. 6. Having regard to the submissions made by learned counsels appearing for both sides, on a careful examination of the background facts, further taking into consideration the grievance of the Petitioners, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.1 to consider and dispose of the representation of the Petitioner under Annexure-7 dated 15.01.2025, if the same is still pending, strictly in accordance with law within a period of eight weeks from the date of communication of a certified copy of this order by the Petitioner. It is needless to mention here that the representation of the Petitioner shall be disposed of by passing a speaking and reasoned order. The final decision so taken by the Opposite Party No.1 be also communicated to the Petitioner within ten days from the date of taking such a decision. 7. With the aforesaid observations/ directions, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Sisir Designation: Personal Assistant