Orissa High Court
Nirabati Nayak And Others vs State Of Odisha And Another on 6 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.38917 of 2021
Nirabati Nayak and others .... Petitioners
Mr. S. Routray, Advocate
-versus-
State of Odisha and another .... Opp. Parties
Mr. B. Mohanty,
Standing Counsel S & ME.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 06.01.2022
01. 1. This matter is taken up through Hybrid Arrangement (Video
Conferencing/Physical Mode).
2. Heard Mr. S. Routray, learned counsel for the Petitioners and
Mr. B. Mohanty, learned Standing Counsel appearing for the School
and Mass Education Department.
3. By filing the present writ petition, the petitioners seek for a
direction to the Opposite Parties particularly Opposite Party Nos.1
and 2 to consider the candidatures of the Petitioners against the Post
of Hindi Teachers, contractual (Untrained) in terms of the judgment
dated 15.09.2021 passed by this Court in W.P.C (OAC) No.902 of
2016 (Satyabrata Nayak and others vrs. State of Odisha and others)
within a reasonable time.
4. Learned counsel for the Petitioners submits that the issue
involved in the present writ petition had earlier draws attention of
this Court in the above noted case in W.P.C (OAC) No.902 of 2016.
This Court after hearing the learned counsel for the parties has
decided the issued by elaborate judgment. The operative portion of
the said judgment in paragraph-13 is as follows:-
// 2 //
"13. In views of the factual and legal analysis, as
discussed above, this Court is of the considered view
that the draft reject list, so far as present petitioners
are concerned, cannot sustain in the eye of and the
same is liable to be quashed and is hereby quashed.
The opposite parties are directed to take into
consideration the applications filed by the petitioners
in the above mentioned writ petitions, allow them to
participate in the process of selection, consider their
case for engagement as Contract Teacher (Hindi) by
re-drawing the select list and extend them all the
benefits in accordance with law, as expeditiously as
possible, preferably within a period of three months
from the date of communication of this judgment."
5. It is further submitted by learned counsel for the Petitioners
that the Petitioners have submitted their representations dated
14.10.2021, 16.10.2021 and 11.11.2021 before the Director,
Secondary Education, Odisha, Bhubaneswar-Opposite Party No.2,
which are pending for consideration. Learned counsel for the
Petitioners submits that if a direction be given to the Opposite Party
No.2 to consider the representations of the Petitioners and dispose of
the same in the light of judgment in W.P.C (OAC) No.902 of 2016
suffice for the purpose.
6. Learned counsel for the State appearing for the School and
Mass Education Department submits that he has no objection, if a
direction be given to the Opposite Parties for consideration of the
representations submitted by the Petitioners.
7. In such view of the matter, this Court deems fit it proper to
dispose of the writ petition without going into the merits of the case
// 3 //
with a direction to the Director, Secondary Education, Odisha,
Bhubaneswar-Opposite Party No.2 to dispose of the writ petition
within a period of three months from the date of production of
certified copy of this order taking into consideration the judgment
rendered by this Court in the case of Satyabrata Nayak and others
vrs. State of Odisha and others (supra). It is needless to mention
here that the Opposite Party No.2 shall dispose of the representations
submitted by the Petitioners by passing a speaking and reasoned
order. The decision taken on the representations of the Petitioners
shall be communicated to them within a period of ten days thereafter.
8. With the aforesaid observation, the writ petition is disposed of.
9. Urgent certified copy of this order be granted on proper
application.
Jagabandhu ( A.K. Mohapatra)
Judge
