Sasmita Dutta vs State Of Odisha & Ors
2022 Latest Caselaw 4695 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                     WPC (OA) No.2548 of 2014


        Sasmita Dutta                         ....            Petitioner
                                                   Mr. Ajit Rath, Adv

                                  -versus-

        State of Odisha & Ors.                ....    Opposite Parties
                                               Mr. Saswat Das, AGA



                CORAM:
                DR. JUSTICE S.K. PANIGRAHI

Order                             ORDER
No.                              13.09.2022

4. 1. This matter is taken up through hybrid mode.

2. Learned counsel for the parties are present. Judgment

prepared in separate sheets is delivered and pronounced

in open Court in the presence of learned counsel for the

parties and the order is passed accordingly as follows:-

3. Considering the precedents cited hereinabove, this

Court is of the opinion that the Petitioner has not been

able to prove the invalidity of the answer key and,

therefore, the contention of the Petitioner is devoid of any

merit. Moreover, this Court also observes that a liberal or

sympathetic approach should not be taken in cases of

// 2 //

service jurisprudence wherein it shall affect the equitable

right of a third party. In the present case, a sympathetic

approach in favour of the Petitioner shall affect the rights

of Opposite Party No.4 who has been rightfully availing

the benefit of the abovementioned post for more than 8

years.

4. In view of the above, the instant Writ Petition filed by

the Petitioner is devoid of merit and the same is

dismissed.

(Dr. S.K. Panigrahi) Judge

B.Jhankar