The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO. 41243 OF 2023 with W.P.(C) NO.28782 OF 2022 In the matter of applications under Articles 226 & 227 of the Constitution of India. In W.P.(C) No. 41243 of 2023 Dr. Ganesh Chandra Kund -Versus- State of Odisha & others Advocates appeared in this case: …. …. Petitioner Opp. Parties For Petitioner : M/s. Jaydeep Pal, A.Pal, S.R. Pradhan, C.Mohapatra & M. Ghosh, Advocates For Opp. Parties
Legal Reasoning
: Mr. J.K. Ray, Addl. Standing Counsel [O.P.1] Mr. P.M. Pattajoshi, Advocate [O.Ps.2 to 6] In W.P.(C) No. 28782 of 2022 Dr. Ganesh Chandra Kund -Versus- State of Odisha & others Advocates appeared in this case: …. …. Petitioner Opp. Parties For Petitioner : M/s. Jaydeep Pal, A.Pal, S.R. Pradhan, C.Mohapatra & M. Ghosh, Advocates For Opp. Parties : Mr. J.K. Ray, Addl. Standing Counsel [O.P.1] Page 1 of 8 Mr. P.M. Pattajoshi, Advocate [O.Ps.2 to 6] CORAM: THE HON’BLE MR. JUSTICE DIXIT KRISHNA SHRIPAD J U D G M E N T -------------------------------------------------------------------------------------- Decided on : 07.08.2025 -------------------------------------------------------------------------------------- PER DIXIT KRISHNA SHRIPAD, J. Petitioner, who holds M.Sc. in Statistics, was selected as a Part Time Teacher with effect from 17th January, 2000 pursuant to his application against the advertisement dated 14.05.1999 at Annexure-1 followed by notice dated 12th January, 2000 at Annexure-2. He had knocked at the doors of this Court earlier in W.P.(C) No.14252 of 2008, wherein a Coordinate Bench directed the OPs to consider his absorption in service under the OUAT Statute, 1966. The University having challenged the said order in Writ Appeal No.400 of 2017, a Division Bench of this Court having partly allowed the same diluted the direction for the creation of post and absorption, specifically stating that the petitioner should be continued in the service till his superannuation or he quits. Page 2 of 8 2. A direction was also added to the effect that the case of the petitioner shall be considered for absorption, if and when posts are created in terms of the said Statute. The University created certain posts, vide Notification dated 11.04.2023 preceded by the sanction of Government, vide letter dated 19.12.2022. It is told at the Bar that this sanctioning was after securing the approval of Finance Department of the Government. Despite creation of posts, the request of petitioner for absorption having not been considered in terms of direction of the Division Bench issued in the subject Writ Appeal filed by the University itself. 2A. Petitioner has moved this petition with the following prayer column:- “It is therefore, most humbly prayed that your Lordships may graciously be pleased to consider the facts stated in the Writ Application, and be pleased to quash the resolution no.4254 dated 28.07.2021 under Annexure-20 and letter dated 19.01.2022 issued by Govt. of Odisha, Department of Agriculture and F.E. under Annexure-24. to And further issue necessary directions the Government of Odisha, Agricultural Department to take a decision with regard to sanctioning of the post of Assistant Professor, Statistics with Computer knowledge, as has been requested by the University vide its letter no.21392/UAT dated 11.09.2014 in a time bound manner and from the date of receipt of such approval from the government, the the University shall take steps for regularization of Page 3 of 8 petitioner’s services in a time bound manner as the petitioner was appointed in the year 2000 under Annexure-2 in due process of law and imparting teaching on contractual basis for the last 24 years. And further be pleased to hold that the Dean’s Committee has no statutory sanction to override the decision of the Board of Management dated 01.08.2014 passed vide resolution no.3857.” 3. After service of notice, the O.P.-University having entered appearance through its Panel Counsel has filed the Counter resisting the petition essentially contending that although posts are created, petitioner cannot be absorbed therein inasmuch as the prescribed qualification happens to be M.Sc. Statistics with Economics & NEET. 4. Having heard learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter as under and for the following reasons :- 4.1. The O.P.-University is established under the provisions of the Orissa University of Agriculture and Technology Act, 1965. The University has promulgated a set of statutes in exercise of power delegated by the Act. Under the provisions of Act, the Board can create posts on the recommendation of Academic Counsel however, subject to sanction by the Government. Accordingly, a set of posts has been created, vide Notification dated 11.04.2023 and certain Page 4 of 8 educational qualifications too are prescribed. The vehement submission of learned counsel for the University that although posts are created, petitioner cannot be absorbed in them for want of prescribed educational qualification, is bit difficult to countenance. True it is, that it is the prerogative of employer to create posts and to prescribe requisite qualification therefor. However, when it comes to absorbing already long serving employees sans any complaint whatsoever, such a plea cannot be countenanced to prevent absorption. 4.2. An argument to the contrary of what is observed above would be unjust and arbitrary, more particularly when the prescription of requisite qualifications is of recent origin, i.e, 2023 whereas the petitioner has been serving the University, as already mentioned above, since last quarter century. Twenty-five years are a substantial part of human life and at least as a concession of shortness of life, relaxation ought to have been granted by the University regard being heard to the sweat and blood, which it extracted from the petitioner all these years. It hardly needs to be stated that experience has its own advantage especially in the realm of teaching. Much of meaning of life is experience itself, to say the least. Page 5 of 8 4.3. The Petitioner’s Counsel is right in submitting that in the earlier round of litigation, the University had preferred a challenge in Writ Appeal No.400 of 2017, wherein the division Bench modifying the order of learned Single Judge rendered in the petitioner’s W.P.(C) No.14252 of 2008 held he should be continued in service of University and that whenever posts are created, he should be considered for absorption therein. It was only for the want of regular posts, the Division Bench had interfered with the order of learned Single Judge, otherwise arguably the University had no case in Writ Appeal and eventually, the order of learned Single Judge would have attained confirmation at the hands of said Bench as rightly contended by the learned counsel for the petitioner. 4.4. A model employer like the University, which is held to be a State under Article 12 of the Constitution of India vide Ujambai -vrs.- State of Utter Pradesh : AIR 1962 SC 1621, has to conduct itself as a Model Employer and its policy should not be higher and fire. Whatever additional qualifications that are prescribed only in April, 2023, need not come in the way of considering petitioner’s case for absorption, when he has rich experience of a quarter century. The long experience itself can constitute a qualification, more particularly when Page 6 of 8 petitioner has acquired doctorate degree in Statistics way back in 2012 itself. 4.5. In public employment, though service begins with contract, gradually it attains status, vide Tulsiram Patel vrs. Union of India : AIR 1985 SC 1416. A person having Post-Graduation coupled with PhD and experience of twenty-five years of teaching is an asset to the Institution, and therefore, he cannot be allowed to stagnate with the same status throughout till he attains the age of superannuation. An argument to the contrary would dampen the spirit of teachers, which in turn would affect the interest of community of taught and therefore, cannot be countenanced. In the above circumstances, both the writ petitions succeed. A Writ of Mandamus issues to the University to positively consider the case of petitioner for absorption in an appropriate post by relaxing the freshly prescribed qualifications in the light of his long coupled with PhD qualification, within a period of eight weeks. Delay shall be viewed very seriously, at the next level of legal battle, if at all, the petitioner is driven to. Page 7 of 8 It is open to the answering Opposite Parties to solicit any information or documents from the side of the Petitioner, as required for taking a decision on the subject representation. However, in that guise delay shall not be brooked. Now, no costs. Web copy of this judgment to be acted upon by all concerned. Orissa High Court, Cuttack The 7th day of August, 2025/Manoj (Dixit Krishna Shripad) Judge Signature Not Verified Digitally Signed Signed by: MANOJ ROUT K Reason: Authentication Location: ORISSA HIGH COURT Date: 12-Aug-2025 15:52:01 Page 8 of 8