Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 1102 (ORI)

RASHMI RANJAN SAHOO v. THE SECY TO GOVT, HEALTH AND FAMILY WELFARE DEPT, BBSR

WP(C)/31391/2025 · 2026-02-02

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.31391 of 2025 Rashmi Ranjan Sahoo …. Petitioner Mr. P.K. Mahapatra, Adv. -versus- The Secy. to Govt., Health & Family Welfare Dept., BBSR & Ors. …. Opposite Parties Mr. A. Tripathy, AGA CORAM: THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 02.02.2026 2. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the parties. 3. Learned counsel appearing for the Petitioner contended that advertisement issued by the Opp. Party No.3 on 17.12.2016 has been cancelled vide the impugned office order dated 17.05.2024 under Annexure-2 without assigning any reason whatsoever. 3.1. It is accordingly contended that since without assigning any reason, the advertisement issued under Annexure-1 has been cancelled with passing of the order under Annexure-2, the same is not sustainable in the eye of law. 4. Mr. A. Tripathy, learned Addl. Govt. Advocate on the other hand contended that order at Annexure-2 has been passed while disposing of the claim of the Petitioner in W.P.(C) No.4896 of 2023 and Petitioner was not a party to the proceeding in the said Writ Petition. It is accordingly contended that since the impugned order has been passed while considering the claim of the Petitioner in W.P.(C) No.4896 of 2023, Petitioner is no way permitted to challenge the same by filing the present application. It is accordingly contended that the Writ Petition is not maintainable. 5. To the submission made by the learned Addl. Govt. Advocate, learned counsel appearing for the Petitioner contended that challenging the inaction of the Opp. Party No.3 in finalizing the selection process pursuant to Annexure-1, Petitioner was before this Court in W.P.(C) No.4605 of 2023. This Court in its order dated 21.02.2023 when permitted the Petitioner to move an appropriate application and such an application was also moved, but no further action was taken in complying the order. 5.1. It is also contended that similar advertisement issued by the CDMO, Ganjam on 14.12.2016 was duly processed and pursuant to the order passed by this Court on 11.04.2022 in W.P.(C) No.28055 of 2021 under Annexure-6, order of engagement was issued vide office order dated 04.08.2022 under Annexure-7. 5.2. It is contended that since similar advertisement issued by CDMO, Ganjam on 14.12.2016 was acted upon, Opp. Party No.3 could not have cancelled the advertisement dated 17.12.2016 under Annexure-1 with passing of the order dated 17.05.2024 under Annexure-2. 6. Having heard learned counsel appearing for the Parties and considering the submission made, this Court finds that challenging non-finalization of the recruitment process pursuant to advertisement dated 17.12.2016 under Annexure-1, Petitioner was before this Court in W.P.(C) No.4605 of 2023. This Court vide order dated 21.02.2023 permitted the Petitioner to move a proper application before the competent authority for consideration of his grievance. 6.1. It is not disputed that order passed by this Court on 21.02.2023 has not yet been implemented with passing of any order. Not only that the impugned order under Annexure-2 has been passed while considering the claim of the Petitioner in W.P.(C) No.4896 of 2023. It is also found that the order at Annexure-2 is never assailed by the Petitioner in W.P.(C) No.4896 of 2023. 6.2. In view of the aforesaid analysis, this Court is not inclined to entertain Writ Petition with the prayer as made while challenging Annexure-2. It is open for the Petitioner to file appropriate application for compliance of order dated 21.02.2023 in W.P.(C) No.4605 of 2023. 7. With the aforesaid liberty, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Jyoti