Ajaya Kumar Panda v. State of Odisha & Ors.

Mr. S.K. Parhi, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.

This matter is taken up through Hybrid mode. ORDER 09.02.2026

Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

The present writ petition has been filed by the Petitioner with the following prayers:- pleased graciously

It is therefore, prayed that the Hon'ble Court writ/order/direction/declaration under Article 226 of Constitution of India and more particularly may issue:- i) writ of mandamus directing the O.P. No.2 and 3 to grant 3rd MACP to the petitioner as per the Final Selection List dt.26.08.2025 (Anx-3), ii) declaration declaring the exclusion of the name of petitioner from the List dt.05.01.2026 regarding grant of 3rd MACP is bad and illegal, Page 1 of 3. iii) to direct the authorities No.2 and 3 to disburse the dues after grant of 3rd MACP, w.e.f. 07.06.2024. iv) order allowing any other service benefits as available under law.

Learned counsel for the Petitioner, at the outset, contended that initially the Petitioner was selected to receive the 3rd MACP benefits and a list was published by Directorate of Secondary Education, Odisha, Bhubaneswar dated 26.08.2025 at Annexure-3. The list so published contains the name of the present Petitioner. He further contended that while extending the benefits in favour of the persons whose name appeared in the list at Annexure-4, the name of the Petitioner has been excluded. Learned counsel for the Petitioner, at this juncture, contended that on enquiry, the Petitioner came to learn that due to want of some documents, the name of the Petitioner has been excluded from the purview of getting 3rd MACP benefits. He further contended that although the Petitioner has approached the Joint Director of Secondary Education, Odisha, Bhubaneswar by filing a representation dated 21.01.2026 at Annexure-5, however, no final decision has been taken on such representation of the Petitioner. Being aggrieved by such inaction of the Opposite Parties, the Petitioner has approached this Court by filing the present writ petition.

Learned counsel for the State, on the other hand, submitted that although he has no specific instruction in the matter, however, on perusal of the writ petition, it appears that the representation of the Petitioner is still pending for consideration before the Joint Director of Secondary Education, Odisha, Bhubaneswar. He further submitted that although the Petitioner has annexed his representation Page 2 of 3. to the writ petition, there is nothing on record to establish the fact that the same has been filed before the Joint Director of Secondary Education, Odisha, Bhubaneswar. In such view of the matter learned counsel for the Petitioner contended that in the event this Court directs the Petitioner to approach the Opposite Party No.2-Director of Secondary Education, Odisha, Bhubaneswar for redressal of his grievance in accordance with law and within a stipulated period of time, he will have no objection to the same.

Considering the submissions made by the learned counsels appearing for the respective parties, on a careful examination of the background facts as well as the documents annexed to the writ petition, this Court deems it proper to dispose of the writ petition at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.2- Director of Secondary Education, Odisha, Bhubaneswar by filing a detailed representation taking therein all the grounds along with the supporting documents within three weeks from today. In such eventuality, the Opposite Party No.2 shall do well to consider the grievance of the Petitioner strictly in accordance with law by passing a speaking and reasoned order within a period of eight weeks from the date of filing such representation. The final decision so taken be communicated to the Petitioner within ten days thereafter.

With the aforesaid observation and direction, the writ petition stands disposed of. Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Debasis Location: ORISSA HIGH COURT Date: 13-Feb-2026 14:00:59 (Aditya Kumar Mohapatra ) Judge Page 3 of 3.