The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16728 of 2025 Sweta Dhruba Panigrahy …. Petitioner Mr. M. Mishra, Sr. Advocate with Mr. S. Senapati, Advocate State of Odisha and Others -versus- …. Opposite Parties Mr. A. Tripathy, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No.
Decision
ORDER 24.06.2025 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. It is the 5th round of litigation filed by the Petitioner challenging the orders passed either by the Tahasildar, Aska or by the Sub-Collector, Bhanjanagar in some way or other. 4. It is contended that challenging the final order passed by the Tahasildar, Aska-O.P. No.5 on 09.05.2025 in EWS Misc. Certificate Case No.01 of 2023, when the petitioner approached this Court by filing W.P.(C) No.13634 of 2025, this Court passed the following order on 13.05.2025:- “1. This matter Arrangement (Virtual/Physical) Mode. taken up is through Hybrid // 2 // 2. Heard Mr. Manoj Mishra, learned senior counsel appearing for the petitioner along with Mr. S. Senapati, learned counsel and Mr. C.K. Pradhan, learned Additional Government Advocate. 3. Even though the present writ petition has been filed inter alia challenging order dated 09.05.2025 so passed by opposite party no.5 under Annexure-20, but in course of hearing, it is fairly contended that impugned order is an appealable one and petitioner be permitted to move the appellate authority. 3.1. However, it is contended that since by utilizing the certificate in question petitioner was admitted to prosecute MBBS course, because of the impugned order coercive action may be taken against her. It is accordingly contended that till consideration of the interim application to be filed along with the appeal, petitioner be protected. 4. Learned Additional Government Advocate has no serious objection to the course of action proposed by the learned senior counsel appearing for the petitioner. 5. Having heard learned counsel for the parties, considering the submissions made, this Court while disposing the writ petition permits the petitioner to move the appellate Court against the impugned order. It is observed that if any such appeal along with an interim application will be filed before the appellate Court by 23.05.2025, the appellate authority shall entertain interim application and pass appropriate order on or before 30.05.2025. Till 31.05.2025, no coercive action shall be taken against the petitioner. the appeal and consider the 6. Accordingly, the Writ Petition along with I.A. stand disposed of.” 5. Learned Senior Counsel appearing for the Petitioner contended that in terms of the order passed by this Court on 13.05.2025, petitioner filed the appeal along with an interim application seeking interim protection. But Sub-Collector, Bhanjanagar while rejecting the interim application vide order dated Page 2 of 5 // 3 // 30.05.2025 under Annexure-16, upheld the impugned order passed by the Tahasildar, Aska on 09.05.2025. 5.1. It is contended that in terms of the order passed by this Court on 13.05.2025, O.P. No.3 while rejecting the interim prayer of the petitioner, could not have upheld order dated 09.05.2025 which is impugned in the appeal in question. 5.2. It is also contended that the appeal was not heard on merit and submission was only made with regard to the interim prayer made by the petitioner in the appeal. Therefore, while rejecting the interim prayer the impugned order could not have been upheld, which means rejecting the appeal. It is accordingly contended that the impugned order dated 30.05.2025, so passed by O.P. No.3 under Annexure-16 is not sustainable in the eye of law and so also consequential orders issued by O.P. Nos.6 and 7 under Annexure-18 series. 6. Learned Addl. Govt. Advocate on the other hand while supporting the impugned order contended that since petitioner has been wrongly issued with the certificate by treating her having belong to Economically Weaker Section and by using the said certificate, petitioner has got admission to prosecute MBBS, O.P. No.3 when found that petitioner is not eligible to get the said benefit of certificate under EWS category, O.P. No.3 while rejecting the interim Page 3 of 5 // 4 // application, upheld the final order passed by the Tahasildar on 09.05.2025 vide order dated 30.05.2025. It is accordingly contended that no illegality or irregularity can be found with the impugned order. 7. Having heard learned counsel for the parties and considering the submissions made, this Court finds that challenging the final order passed by the Tahasildar-O.P. No.5 on 09.05.2025 in EWS Misc. Certificate Case No.01 of 2023, petitioner was before this Court in W.P.(C) No.13634 of 2025. Pursuant to the order dated 13.05.2025 so passed in the said Writ Petition, petitioner filed the appeal on 23.05.2025 along with an interim application. 7.1. As found from the impugned order, while rejecting the interim application vide order dated 30.05.2025 under Annexure-16, the order passed by the Tahasildar on 09.05.2025 has been upheld. Since the appeal was not heard on merit and interim application was only heard in terms of the earlier order passed by this Court, it is the view of this Court that while rejecting the interim prayer, O.P. No.3 could not have upheld the order passed by the Tahasildar on 09.05.2025, which amounts to dismissing the appeal. 7.2. Therefore, this Court is inclined to quash order dated 30.05.2025 so passed by O.P. No.3 under Annexure-16. While quashing the said order, this Court Page 4 of 5 // 5 // directs O.P. No.3 to dispose of the appeal on merit by giving due opportunity of hearing to the petitioner and the G.P. available in the station within a period of 4 (four) weeks from the date of receipt of this order. Petitioner is directed to appear before the Sub-Collector along with a copy of this order on 01.07.2025. In view of the quashing of the impugned order, consequential action taken by the Directorate of Medical Education and Training, Odisha vide letter dated 02.06.2025 and by the Dean, VIMSAR-O.P. NO.7 under Annexure-18 series also stand quashed for the present. 8. The Writ Petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge Basudev Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, Cuttack Date: 26-Jun-2025 11:15:14 Page 5 of 5