Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.1247 of 2026 Sunil Kumar Panda ..... Petitioner
Represented by Adv. - Sourav Das -versus- State Of Odisha and others ..... Opposite Parties
Represented by Adv. – Mr. S.K. Parhi, ASC
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 19.01.2026
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel 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 this Hon'ble Court may be graciously pleased to admit the present writ application/ petition, issue notice to the Opposite Parties and after hearing both the parties be pleased to issue a writ in the nature of Quo Warrenton against the Opposite Parties (including the Opposite Party no.06) to show cause that under what authority the Opposite Party no.06 is holding the post of Head of the Zoology Department at the Opposition Party no.03 college; & thereafter, upon
Page 2 of 4. the satisfaction of the Hon'ble Court, pass a writ in the nature of mandamus or any other appropriate writ/writs or order/ orders & subsequently, destitute/ terminate the Opposite Party no.06 from the post/ office of the Head of the Zoology Department, at the Opposition Party no.03 college; & thereafter, appoint the Head of the Department, at the Opposition Party no.03 college in-accordance to the settled legal positioning established by the Hon'ble High Court of Orissa, the provisions of Odisha Education Act, 1969 pari materia with Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the staff of Aided Educational Institutions) Rules, 1974, Odisha Aided Educational Institutions Employees Common Cadre and Inter Transferability Rules. 1979;
And may pass any other appropriate Writ/Writs and order/orders which this Hon’ble Court may deem fit, just and proper;
And for which act of kindness, the petitioner as in duty bound shall ever pray.”
4.
Learned counsel for the Petitioner at the outset contended that being aggrieved by the appointment of Opposite Party No.6 as head of the Zoology Department of Opposite Party No.3- College, the Petitioner has approached this Court by the filing the present writ application. He further submitted that the appointment of the Head of the Department is by the Governor under the notification dated 25.07.2024 at Annexure-7. He further submitted that while giving appointment to the Opposite Party No.6 the guidelines laid down in the aforesaid notification have not been followed. It was also contended that although the Petitioner is eligible as per the guideline his case has not been considered by the Opposite Parties. Challenging the aforesaid irregularity and illegality, the Petitioner has approached this Court by filing the present writ application.
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5. In course of his argument, learned counsel for the Petitioner further submitted that though several representation was filed before the Opposite Party No.1 as per Annexure-8 series. However, the same has not been duly considered by the Opposite Party No.1 and no such final decision has been conveyed to the present Petitioner.
6.
Learned counsel for the State on the other hand contended that in the event the Petitioner has already approached the Opposite Party No.1, who is the competent authority and his representation is still pending for final consideration, he will have no objection in the event, this Court directs the Opposite Party No.1 to consider the case of the Petitioner strictly in accordance with law and in terms of the applicable notification within a stipulated time.
7. Considering the submissions made by counsels appearing for both sides, on a careful examination of the background facts, further keeping in view the limited nature of the grievance of the Petitioner involved in the present writ application, this Court deems it proper to dispose of the present writ application at the stage of admission by directing the Opposite Party No.1 to consider the representation of the Petitioner at Annexure-8 series in accordance with law and in terms of the applicable notification at Annexure-7 and dispose of such representation by passing a speaking and reasoned order within a period of eight weeks from the date of production of certified copy of today’s order. The final decision so taken be communicated to the Petitioner within ten days thereafter. While considering such representation, the Opposite Party No.1 shall provide opportunity to both the
Page 4 of 4. Petitioner as well as Opposite Party No.6 and, taking into
consideration the above position, the Opposite Party No.1 shall take a final decision with regard to the eligibility and appoint the suitable person in terms of the notification, to the Head of the Department of Opposite Party No.3-College.
8. With the aforesaid observation/direction, the writ application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Sisir
Designation: Personal Assistant