The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos.1382, 1392, 1532, 1614 & 1777 of 2025 Amar Prasad Das …. Petitioner Mr. S. Jena, Advocate in (WPC No.1382 of 2025) Mr. S.K. Das, Advocate in W.P.(C) Nos.1392, 1532 & 1614 of 2025 Mr. S.K. Baral, Advocate in W.P.(C) No.1777 of 2025 -versus- State of Odisha and Others …. Opposite Parties Mr. S.K. Jee, AGA Mr. H.K. Panigrahi, Advocate for O.P. No.5 CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 11.02.2025 07. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Pursuant to the order dated 03.02.2025, learned Addl. Govt. Advocate produced copy of office order dated 10.02.2025 so issued by the O.P. No.1 in Court. (The same be kept in record). 3. Basing on the said order, it is contended that Dr. Kalandi Charan Sahoo, who was the Principal-in-charge of Biju Pattnaik (Degree) College of Science & Education, Bhubaneswar, is reverted to his original place of posting i.e. Pratap Sasan Degree College, Balkati in the district of // 2 // Khordha with immediate effect. Vide the said office order, the continuance of Dr. Kalandi Charan Sahoo from 12.09.2024 till office order dated 10.02.2025 was regularized.
Facts
4. Heard learned counsel for the parties. 5. Since the issue involved in the present batch of Writ Petitions is similar, all the matters were heard analogously and disposed of by the present common order. 6. All the present batch of Writ Petitions have been filed inter alia challenging the advertisement purportedly issued on 10.01.2025 by Dr. Kalandi Charan Sahoo in his capacity as Principal-in-Charge of the Biju Pattnaik (Degree) College of Science & Education, Bhubaneswar. 7. Learned counsel for the petitioners contended that Dr. Kalandi Charan Sahoo was posted as Principal-in- Charge of Biju Pattnaik (Degree) College of Science & Education, Bhubaneswar vide order dated 22.04.2024 of the Govt. i.e. in terms of the order passed by this Court on 15.11.2023 in I.A. No.17889 of 2023 arising out of W.P.(C) No.37010 of 2023.
Legal Reasoning
terms of the interim order passed by this Court in W.P.(C) No.37010 of 2023 and the said Writ Petition was dismissed as withdrawn with vacation of all the interim orders vide order dated 12.09.2024, Dr. Kalandi Charan Sahoo after 12.09.2024 could not have been allowed to continue as Principal-in-Charge of the College. It is Page 3 of 6 // 4 // accordingly contended that in view of such position, Dr. Kalandi Charan Sahoo could not have issued the impugned advertisement on 10.01.2025 to fill up the posts in question. 7.4. It is also contended that this Court while issuing notice of the matter also restrained the authorities not to make the selection final without leave of this Court and the said interim order is in force as on date. It is contended that since the advertisement in question has been issued by an incompetent authority, the same is not sustainable in the eye of law. It is also contended that all the petitioners are continuing as regular employees in the institution in question and during their continuance as regular employees against the posts in question, no such advertisement could have been issued by Dr. Kalandi Charan Sahoo taking advantage of his position as Principal-in-Charge of the College. 8. Mr. H.K. Panigrahi, learned counsel appearing for Dr. Kalandi Charan Sahoo in all these batch of cases on the other hand contended that since in terms of order dated 22.04.2024, he was allowed to discharge the duty of Principal-in-Charge of the College in question and his continuance even after 12.09.2024 has been ratified by the Govt. vide office order dated 10.02.2025, Dr. Sahoo is competent to issue the advertisement to fill up the posts and no illegality of irregularity can be found with the same. Page 4 of 6 // 5 // 9. Mr. S.K. Jee, learned Addl. Govt. Advocate also made similar submission as like Mr. H.K. Panigrahi, learned counsel appearing for Dr. Kalandi Charan Sahoo regarding his continuance as Principal-in-Charge beyond 12.09.2024 till he was reverted vide order dated 10.02.2025. 10. Having heard learned counsel for the parties and considering the submissions made, this Court finds that Dr. Kalandi Charan Sahoo was allowed to continue as Principal-in-Charge of the College i.e. Biju Pattnaik (Degree) College of Science & Education, Bhubaneswar in terms of the interim orders passed by this Court on 15.11.2023 in W.P.(C) No.37010 of 2023 (Sumitra Sahu Vrs. State of Odisha and Others). 10.1. It is not disputed that the Writ Petition in W.P.(C) No.37010 of 2023 was dismissed as withdrawn vide order dated 12.09.2024 and all the interim orders passed stands vacated. It is the view of this Court that on the face of such order passed on 12.09.2024, Dr. Kalandi Charan Sahoo could not have been allowed to continue as Principal-in-Charge of the College beyond 12.09.2024. Even though vide office order dated 10.02.2025 period of continuance of Dr. Kalandi Charan Sahoo from 12.09.2024 till 10.02.2025 has been ratified, but this Court while deprecating such action of the Govt.-O.P. No.1, held the continuance of Dr. Kalandi Charan Sahoo beyond 12.09.2024 as illegal. While holding so, this Court Page 5 of 6 // 6 // is also of the view that Dr. Kalandi Charan Sahoo in his capacity as Principal-in-Charge could not have issued any such advertisement as the continuance of Dr. Kalandi Charan Sahoo was a stop gap arrangement in terms of the interim order passed in W.P.(C) No.37010 of 2023. 10.2. In view of the aforesaid analysis, this Court is inclined to quash the advertisement issued on 10.01.2025 by Dr. Kalandi Charan Sahoo in his capacity as Principal-in-Charge of the College. While quashing the same, this Court allows all these batch of Writ Petitions.
Arguments
7.1. It is contended that even though Dr. Kalandi Charan Sahoo was appointed as Principal-in-Charge of the College in question in terms of the order passed in W.P.(C) No.37010 of 2023, but the said Writ Petition was Page 2 of 6 // 3 // dismissed vide order dated 12.09.2024 with the following order:- “Order No.12 1. The Petitioner, namely, Mrs. Sumitra Sahu files a memo seeking appears permission to withdraw the Writ Petition. The said memo is kept on record. in person and 2. Accordingly, the Writ Petition is dismissed as withdrawn. 3. All the interim orders stand vacated.” 7.2. It is contended that even though while dismissing the Writ Petition as withdrawn vide order dated 12.09.2024, all the interim orders passed stand vacated, but because of in-action on the part of O.P. No.1 in not taking consequential step in reverting Dr. Kalandi Charan Sahoo as Principal-in-Charge of the College, the impugned advertisement was issued by him, taking advantage of his position on 10.01.2025 under Annexure- 10. 7.3. It is contended that since Dr. Kalandi Charan Sahoo was appointed as Principal-in-Charge of the College in
Decision
11. All the Writ Petitions accordingly stands disposed of. Photocopy of this order be placed in other connected matters. (Biraja Prasanna Satapathy) Judge Basudev Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Designation: SR. STENO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 13-Feb-2025 18:40:14 Page 6 of 6