The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 24089 of 2023 Dr. Abhisek Pradhan …. Petitioner Ms. B.K. Pattanaik, Advocate -versus- State of Odisha and another …. Opposite Parties
Legal Reasoning
Mr. Iswar Mohanty, A.S.C. CORAM: JUSTICE A.K.MOHAPATRA
Decision
ORDER 01.08.2023 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard the learned counsel for the Petitioner as well as the learned Additional Standing Counsel appearing for the State-Opposite Parties. 3. This writ petition has been filed by the Petitioner with the following prayers:- “In the circumstances, it is therefore prayed that your Lordships be graciously pleased to admit the Writ Application, issue a Rule NISI in the nature of certiorari or other writs, calling upon the Opposite Parties to show cause as to why the impugned letter dated 06.07.2023 of Joint Secretary to Government, // 2 // Government of Odisha, Health and Family Welfare Department under Annexure-3 shall not be quashed and if the Opposite Parties fail to show cause or show insufficient cause make the said Rule absolute. AND Issue a writ of Mandamus or/other writs directing the Opposite Parties to issue relieve order in favour of Petitioner to enable him to join as Senior Resident at Tata Memorial Centre, Homi Bhaba Hospital, Varanasi without any further delay. AND Issue such other writ/writs, order/orders, direction/directions as this Hon’ble Court may deem it fit and proper.” It is submitted by the learned counsel for the Petitioner 4. that the Petitioner after qualifying MBBS courses in the year 2019 appeared in the OPSC Examination and on being selected, he was inducted in the OMHS Cadre and was posted as Medical Officer on 28.07.2022 and currently he has posted in City Hospital, Cuttack. While continuing in the present place of posting, the Petitioner came across an advertisement dated 31.5.2023 issued by the Tata Memorial Centre, Homi Bhabha Cancer Hospital, Varanasi for recruitment to the post of Senior Resident in different disciplines. Accordingly, the Petitioner submitted his application for being appointed as a Senior Page 2 of 6 // 3 // Resident at Tata Memorial Centre, Homi Bhabha Cancer Hospital, Varanasi. Learned counsel for the Petitioner further contended that the Petitioner was selected for the post of Senior Resident in the Department of Radiation Oncology which has been communicated to the Petitioner vide letter dated 13.07.2023. Learned counsel for the Petitioner further contended that the Petitioner is required to join at Tata Memorial Centre by 1.8.2023, failing which his appointment shall stand cancelled. On 13.07.2023 the result has been published. Prior to that, the Petitioner had applied for grant of NOC and issue relieve order. However, learned counsel for the Petitioner referring to the order dated 6.7.2023 under Annexure-3 submitted that the Joint Secretary to Government of Odisha, Health and Family Welfare Department has communicated a decision that the application for NOC of the Petitioner has been rejected. On perusal of the copy of the letter dated 6.7.2023 under Annexure-3, it appears that no reason whatsoever has been assigned for not granting such NOC to the Petitioner. Learned counsel for the Petitioner further referring to the case of Dr. Bhagyashree Parida v. State of Odisha and Page 3 of 6 // 4 // another (W.P.(C) No.9495 of 2023 decided of on 06.04.2023) submitted that this Court had earlier set aside similar order passed by the Government wherein no reason has been ascribed. Accordingly, learned counsel for the Petitioner submitted that the Petitioner being aggrieved by such conduct of the Opposite Parties approached this Court by filing the present writ petition. 5. Learned Additional Standing Counsel appearing for the State-Opposite Parties, on the other hand, submitted that the Petitioner was appointed initially in the year 2022. In course of his submission, learned Additional Standing Counsel produced a copy of the proceeding of meeting dated 02.09.2022. On perusal of the said document, it appears that the committee took a decision after the Petitioner joined in service. Therefore, this Court is of the view that the same is not applicable to the facts of the present case. 6. Considering the submissions made by the learned counsel appearing for the respective parties and upon a careful examination of the facts and circumstances of this case as well as the impugned order dated 6.7.2023 under Annexure-3, this Court is of the considered view that the order dated 6.7.2023 Page 4 of 6 // 5 // under Annexure-3 does not indicate any reason as to why the authority has refused to issue relieve order to the Petitioner to apply for Senior Residentship/Fellowship. 7. In view of the aforesaid factual position and keeping in view the guideline of the Government and further considering the fact that the order dated 6.7.2023 having no reason and justification, this Court deems it proper to set aside the order 6.7.2023 under Annexure-3. Accordingly, the same is hereby set aside. Further, the matter is remanded back to the Opposite Party No.1 to reconsider the matter afresh and take a decision within a week from the date of production of certified copy of this order by the Petitioner. Opposite Party No.1 is further directed to act upon a production of certified copy of this order by the Petitioner and take a decision in the matter keeping in view the guideline of the Government of Odisha in Finance Department dated 31.03.2023 as well as the decision of this Court in the aforesaid context which are to be filed by the Petitioner along with the certified copy of this order. In the event the Opposite Party No.1 comes to a conclusion that the Petitioner comes within the latest guideline of the Government Page 5 of 6 // 6 // dated 31.03.2023 and there is no other legal impediment, the Opposite Party No.1 shall do well to issue relieve order in favour of the Petitioner as expeditiously as possible, not later than 18th of August, 2023. 8. With the aforesaid observation and direction, this writ petition stands disposed of. (A.K. Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 08-Aug-2023 19:01:21 Page 6 of 6