Page 1 of 7. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.16149 of 2026 Dr. Vandana Maharana ..... Petitioner Represented by Adv. - Krishna Chandra Sahu -versus- State Of Odisha & Ors. ..... Opposite Parties Represented by Adv. – D.K. Sahoo, A.G.A. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 06.07.2026 Order No. 02. 1. This matter is taken up through Virtual 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. The Petitioner has filed the present writ application with the following prayer: “It is therefore prayed that the Hon'ble Court be graciously pleased to pass following relief(s):- (i) The Hon'ble Court be graciously pleased to allow this writ petition with further directing the Opp. Party no.1 for transfer & posting of the petitioner as an Asst. Professor of Anatomy at MKCG Medical College & Hospital, Berhampur against the regular vacant post or in the event if the transfer of the petitioner could not be possible then her resignation as has been made under Annexure-8 (Series) dtd. Page 2 of 7. 12.01.2026 be accepted thereby quashing the impugned order of rejection dtd. 11.03.2026 under Annexure-9 within a time bound period for the interest of justice. (ii) The Hon'ble court be pleased to pass any other order(s)/direction(s) as deems fit & proper for the bonafide interest of justice.” 4. Learned counsel for the Petitioner, at the outset, contended that after completing her MBBS, the Petitioner was engaged as a tutor at MKCG Medical College, Berhampur in the year 2015 on contractual basis. While continuing as such, the Petitioner was selected for post-graduation during the year 2018. Thereafter, the Petitioner completed her post-graduation in Anatomy in the year 2021. After completion of her post-graduation in Anatomy, the Petitioner joined as a Senior Resident in Anatomy at MKCG Medical College, Berhampur on contractual basis in the year 2021. While this was the ground position, in the year 2023, the Petitioner was duly appointed as an Assistant Professor in Anatomy at MKCG Medical College and Hospital, Berhampur on deputation basis. On 27.02.2024, the OPSC published an advertisement relating to recruitment to the post of Assistant Professor. The Petitioner participated in such recruitment process and was selected for the post of Assistant Professor in the department of Anatomy. However, the government vide order dated 21.07.2025 posted the Petitioner as Assistant Professor in the department of Anatomy at Dharanidhar Medical College, Keonjhar. Learned counsel for the Petitioner, at this juncture, contended that pursuant to such order the Petitioner joined in duty on 21.07.2025 and is continuing as Page 3 of 7. such till date. 5. While this was the position, the Petitioner referred to letter dated 26.09.2025 at Annexure-6 series and submitted before this Court that the Dharanidhar Medical College, Keonjhar wrote a letter to the DMET thereby forwarding the representation of the Petitioner dated 22.09.2025 for consideration. He further submitted that although the representation of Petitioner dated 22.09.2025 was forwarded to the DMET, however, no final decision has been taken thereon. Learned counsel for the Petitioner further submitted that again the Petitioner submitted a representation on 14.11.2025 at Annexure-7 series, which was duly forwarded to the Opposing Party No.1 for consideration. In the said representation, the Petitioner has pleaded that she should be adjusted against 3 vacant posts at MKCG Medical College, Barhampur. In support of such contention, learned counsel for the Petitioner further submitted that although the Petitioner faced counselling for appointment to the department of Anatomy at MKCG Medical College, Berhampur, however, she has been given appointment at the department of Anatomy at Dharanidhar Medical College, Keonjhar. He also submitted that along with her representation, having been posted at MKCG Medical College, Berhampur, the Petitioner tendered her resignation. Such resignation has already been rejected by the State-Opposite Parties vide their letter dated 11.03.2026 at Annexure-9 to the present application. On perusal of the rejection order, it appears that the Petitioner’s resignation has been rejected keeping in view the larger public interest and considering the dearth of faculty in government medical colleges of the State. Being Page 4 of 7. aggrieved by the inaction of the Opposite Parties in considering the case of the Petitioner to accommodate her against any vacant posts in the Department of Anatomy at MKCG Medical College, Berhampur, the Petitioner has approached this court by filing the present writ application. 6. With regard to the vacancy position, learned counsel for the Petitioner referred to the latest advertisement of the Odisha Public Service Commission bearing Advertisement No.03 of 2025-26. Further, referring to such advertisement, learned counsel for the Petitioner contended that in the Department of Anatomy the advertisement reveals that there are 20 vacant positions, and 5 posts have been specifically reserved for Women category candidates. Out of such 20 posts, learned counsel for the Petitioner contended that he has specific instruction that 3 posts are meant for MKCG Medical College, Berhampur. Accordingly, it was prayed that the case of the petitioner be considered as against the aforesaid three vacant posts, which has been advertised at Annexure-10 to the writ application. 7. Learned Additional Government Advocate, on the other hand, contended that he has no specific instruction in the matter. He further contended that though the Petitioner has been selected and has been given appointment as an Assistant Professor in the Department of Anatomy, however, she cannot choose her place of posting. As a disciplined Government servant, she has to abide by the orders to be passed by the authorities and, she should join and perform her duties as would be communicated to her from the competent authority from time to time. Learned Additional Page 5 of 7. Government Advocate further submitted that keeping in view the larger public interest, and further considering the fact that there is a dearth of doctors in medical colleges in the State of Odisha, the health department of Government of Odisha is trying to manage the available resources, keeping in view the principle that no inconvenience should be caused to the residents of State. Learned Additional Government Advocate further submitted that in the event the Petitioner has any grievance, she should approach the Opposite Party No.1, who is the competent authority for redressal of such grievances. He further contended that in the event it is found that the grievance of the Petitioner is genuine, then necessary steps would be taken by the concerned administrative department. In such view of the matter, learned counsel for the State contended that the present writ application is devoid of merit and, accordingly, the same should be dismissed. 8. Having regard to the submissions made by counsels appearing for the parties and, on a careful examination the background facts as well as documents annexed to the present application, this Court prima facie observes that the grievance of the Petitioner in the present application is that although there are vacancies in the Anatomy Department of the MKCG Medical College, Berhampur, the case of the Petitioner has not been considered for being posted at the Anatomy Department of the abovenoted medical college. Further, it appears that though the Petitioner was interested in MKCG Medical College, however, she has been given appointment as an Assistant Professor in the department of Anatomy at Dharanidhar Medical College, Keonjhar. Page 6 of 7. It is the contention of the learned counsel for the Petitioner that the Petitioner has a 1 year old baby and she needs the support of her family at Berhampur to take care of the child, which would require the case of the Petitioner to be considered on humanitarian grounds. However, it must be borne in mind that while taking a decision the authorities also have to take into consideration the larger interest of the state and its residents. 9. This Court would like to further reiterate that a government employee cannot dictate as to where he or she should be posted. It is the discretion of the authority to determine the posting of any government servant by keeping in view the public and administrative interests at large. However, while doing so, they are required to follow the rules and regulations so as to ensure that no government employee is discriminated against which would violate their rights guaranteed under the Constitution. In instant writ application, this Court, taking into consideration the factual background of the present case, grants liberty to the Petitioner to move to Opposite Party No.1 by filing a representation stating therein her difficulties. In the event, any such representation is filed within ten days from today, the Opposite Party No.1 shall do well to consider the grievance of the petitioner and, in the event any such post is vacant at the MKCG Medical College, Berhampur in the Anatomy Department, the Opposite Party No.1 shall make an endeavour to adjust the Petitioner at MKCG Medical College, Berhampur, if there are no other legal impediments, by passing a speaking and reasoned order within a period of four weeks from today. The final decision so taken be communicated to the Page 7 of 7. Petitioner within a week thereof. 10. With the aforesaid observations/ directions, the writ application stands disposed of. 11. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer