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High Court of Orissa · body

2021 DAILYLAW 709 (ORI)

NABEEN KUMAR MOHANTY v. STATE OF ODISHA

WP(C)/30491/2021 · 2026-04-15

Chittaranjan Dash

Writ Petition (Civil)body2021

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.30491 of 2021 Nabeen Kumar Mohanty & others …. Petitioners None -versus- State of Odisha & another …. Opp. Parties Mr. U.C. Behura, AGA CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 15.04.2026 01. 1. The learned counsel earlier appearing for the Petitioners submits no instruction. None appears from the side of the Petitioners otherwise, on repeated call. Heard Mr. Behura, learned AGA. 2. By means of this application the Petitioners seek the following relief:- “i) Admit the writ application ii) Call for record. iii) Issue RULE NISI calling upon the opposite parties to show cause as to why the resolution dated 13.07.2021 under Annexure-4 issued by Opp. No.1 in so far as the qualification for PET as provided in Appendix-I and the consequential Notification dated 13.08.21 issued by opp. No.2 under Annexure-5 in so far as the qualification meant for PET in Secondary Schools in Sub- Clause-(B) of Clause- (5) of the said notification shall not be quashed. iv) If the opposite parties fail to show cause or show insufficient cause, issue a writ in the nature of certiorari by why the resolution dated 13.07.2021 under Annexure-4 issued by Opp. No. I in so far as the qualification for PET as provided in Appendix-1 and the consequential Notification dated 13.08.2021 issued by Opp. Party No.2 under Annexure-5 in so far as the qualification meant for PET in Secondary Schools in Sub-Clause-(B) of Clause- (5). p. 2 v) writ/writs direction/directions directing the opposite parties particularly opposite party no.2 to accept and consider the candidature of the petitioners in terms of the minimum education qualification prescribed by the NCTE vide notification dated 12.11.2014 under Annexure-6 for recruitment to the post of PET in Government Secondary Schools pursuant to the notification dated 13.08.2021 under Annexure-5. vi) direct the opposite parties particularly opposite party no.2 to accept and consider the candidature of the petitioners pursuant to the Advertisement No.22847 dated 28.08.2021 is the last date of application 30.09.2021 of the Trained Graduate Teacher.” 3. Having regard to the nature of relief claimed under this application, more so, challenging the advertisement of the year 2021, there seems no cause of action surviving as on date. 4. In view of the above, the Writ Application is disposed of with a liberty to the Petitioners to revive their applications, in case the cause of action survives in their favour. (Chittaranjan Dash) Judge Bijay