IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.38382 of 2023 Dr. Durgadatta Jani …. Petitioner Mr. B.P. Tripathy, Sr.Adv along with Mr. S.R. Pati, Adv. -versus- State of Odisha & Others …. Opposite Parties Mr. C.K. Pradhan, AGA. COROM: HON’BLE THE JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 31.03.2026 7. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties. 3. Even though the present Writ Petition has been filed inter alia challenging the notice issued by the Government in the Health and Family Welfare Deptt-Opp. Party No.1 on 16.11.2023 under Annexure-5 series, but in course of hearing learned Sr. Counsel appearing for the Petitioner contended that he does not intend to challenge the notice. It is however contended that even though Petitioner’s name was recommended by the Commission for his appointment as against the post of Asst. Professor, (Broad Speciality) in Anaesthesiology, pursuant to the advertisement issued under Annexure-1, but Petitioner has not yet been given the benefit of appointment, without any reason and basis. p. 2 p. 2 4. Learned Addl. Govt. Advocate, on the other hand contended that if Petitioner’s name was recommended by the Commission and he has not been given the benefit of appointment, Petitioner should have moved the Opp. party No.1 for consideration of his claim, instead of approaching this court by filing the Writ Petition. 5. Having heard learned counsel appearing for the parties and considering the submission made, this Court while disposing the Writ Petition grants liberty to the Petitioner to make an appropriate application before Opp. party No.1 with regard to getting the benefit of appointment, basing on the recommendation made by the Commission vide notice dt.07.10.2023 under Annexure-4. 5.1. It is observed that if such a representation/application will be filed within a period of 2(two) weeks hence, Opp. Party No. 1 shall do well to take a lawful decision on the same within a period of 6(six) weeks from the date of receipt of such representation/application. The order so passed by Opp. Party No. 1 be communicated to the Petitioner. 6. With the aforesaid observation and direction, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge sangita