Orissa High Court
Ananta Prasad Behera vs State Of Odisha And Ors on 21 October, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26440 of 2022
Ananta Prasad Behera .... Petitioner
Mr. Sameer Kumar Das, Adv.
-versus-
State of Odisha and Ors. .... Opposite Parties
Mr. D. Munda, AGA
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 21.10.2022
01. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The Petitioner who is serving as a Lecturer in History
of Anchalika Degree Mahavidyalaya, Puruna Baripada,
P.S.- Khunta, in the district of Mayurbhanj seeks a
direction from this Court to the Opposite Parties to
appoint and approve him as Principal-in-Charge of the
said College being the senior most approved Lecturer of
the institution keeping in view the ratio decided in the
judgment dated 11.07.2022 passed by this Court in
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Kamala Kanta Das -versus- State of Odisha and others
(W.P.(C.) No.230 of 2022).
4. Learned counsel for the Petitioner submits that this
Court has earlier decided the similar issue in the case of
Kamalakanta Das (supra). Hence, he submits that this
Writ Petition may be disposed of in the light of the
judgment passed in the case of Kamalakanta Das (supra).
5. Learned Additional Government Advocate for the
State submits that he has no objection, if this matter is
disposed of in the light of the judgment passed in the
case of Kamalakanta Das (supra).
6. On perusal of the records and the judgment passed in
the case of Kamalakanta Das (supra), it appears that
similar issue has been decided in the said judgment
which was disposed of on 11.07.2022. The ordering
portion of the said judgment is as follows.
"32. In the light of above discussions, and guided
by the precedents narrated hereinabove, this Court
hereby quashes Guidelines dated 31.08.2020 issued
by the Department of Higher Education,
Government of Odisha containing the mechanism
for fixing the seniority of teachers of non-
Government Colleges for the purpose of
appointment of Principal and HODs and directive
issued by the State Government whereby the inter
se seniority was to be adjudged according to the
date of birth. Consequently, the Government letter
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No.17 dated 01.01.2022/ Annexure-7 issued to the
O.P. No.4 is also invalidated. It is further clarified
that all the appointments of Principal-in-Charge
made by following the Guidelines dated
31.08.2020 issued by the Department of Higher
Education, Government of Odisha be made afresh
by taking into consideration of date of entry into
service as the basis for seniority. The O.P. No.1 is
directed to come out with fresh guidelines
accommodating the principle of seniority as
enunciated by the Supreme Court of India which is
an integral part of our service jurisprudence. The
Writ Petition is accordingly allowed. No order as
to cost.
33. Accordingly, all the Writ Petitions are
disposed of."
7. In view of aforesaid common judgment passed in
W.P.(C) No.230 of 2022 and batch of cases, this Writ
Petition is disposed of. However, the authorities shall
examine the facts and circumstances of the present Writ
Petition in the light of the common judgment passed in
W.P.(C) No.230 of 2022 and batch of cases and if the
issue involved therein is squarely covered the present
case, the authorities shall consider the Petitioner's case
as expeditiously as possible preferably within a period of
three months from the date of production of a copy of
this order.
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8. Urgent certified copy of this order be granted on
proper application.
(Dr. S.K. Panigrahi)
Judge
B.Jhankar
