WP(C)/7726/2016
2021 Latest Caselaw 5738 Ori

W.P.(C) No. 7726 of 2016

05. 30.04.2021 The matter is taken up by video conferencing mode.

Heard Mr. Manoranjan Nayak, learned counsel for the petitioner and Mr. S. Jena, learned Standing Counsel for School and Mass Education Department.

Mr. Manoranjan Nayak, learned counsel for the petitioner contended that the case of the petitioner is covered by the order of this Court dated 15.12.2015 passed in W.P.(C) No.21743 of 2015, wherein this Court relying upon the judgment of the apex Court in the case of J.S. Yadav v. State of Uttar Pradesh, (2011) 6 SCC 570, remitted the matter back to the authority for reconsideration of the case in accordance with law by affording opportunity of hearing to the parties.

Mr. S. Jena, learned Standing Counsel for School and Mass Education Department raised objection to the extent that after the judgment in J.S. Yadav mentioned supra has been passed, the judgment in Poonam v. State of U.P., (2016) 2 SCC 779 came into force, wherein the apex Court taking into consideration the judgment in J.S. Yadav mentioned supra, held that if any appointment is made against the termination vacancy, the appointed person is not a necessary party.

In view of such position, Mr. Manoranjan Nayak, learned counsel for the petitioner seeks time to examine the question raised by learned Standing Counsel for School and Mass Education Department and address the Court on the next date.

On his request, list this matter after the ensuing summer vacation.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021.

Ashok ...............................

(DR. B.R. SARANGI) JUDGE