Smita Patra vs State Of Odisha & Others
2023 Latest Caselaw 4436 Ori

Citation : 2023 Latest Caselaw 4436 Ori
Judgement Date : 26 April, 2023

Orissa High Court

Smita Patra vs State Of Odisha & Others on 26 April, 2023

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                     WPC (OAC) No.1184 of 2019

        Smita Patra                     ....    Petitioner
                                              Dr. J.K. Lenka, Adv.
                                      -versus-

        State of Odisha & Others        ....    Opp. Parties
                                             Mr. R.N. Mishra,AGA
                                             Mr. A. Behera, Adv.
                                             (for opp. Party No.2)
                           CORAM:
              JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

26.04.2023 Order No

13. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard Dr. J.K. Lenka, learned counsel appearing for the Petitioner, Mr. R.N. Mishra, learned A.G.A, Mr. A. Behera, learned counsel for Opp. Party No.2-OPSC and Mr. D.K. Panda, learned counsel appearing for Opp. Party No.3.

3. In course of hearing, Dr. J.K. Lenka contended that since the advertisement in question was issued in the year 2018 and by the time the 2013 Rules had come into existence, the recruitment could not have been conducted in accordance with the 2009 Rules which is indicated in the advertisement at Annexure-3.

4. To the aforesaid submission of Dr. Lenka, Mr. A. Behera as well as Mr. R.N. Mishra, learned A.G.A, contended that pursuant to the decision of the Hon'ble // 2 //

Apex Court in the case of Subash Ranjan Behera Vs. State of Odisha & Others (Civil Appeal No.6157 & 6158 of 2015), Hon'ble Apex Court held those vacancies which have fallen vacant prior to 18.12.2013, the 2009 Rules will govern the field.

5. In view of such decision of the Hon'ble Apex Court, this Court directs the learned Additional Government Advocate to file an affidavit that the post of Asst. Professor in Anatomy for which the advertisement under Annexure-3 was issued had fallen vacant prior to 18.12.2013. Such an affidavit shall be filed by 10.05.2023.

6. As requested by Mr. R.N. Mishra, learned A.G.A, list this matter on 10.05.2023.

7. The judgment produced by Mr. A. Behera in the case of Subas Ranjan Behera and in the case of Dhananjaya Malik, reported in (2008) 4 SCC 171 be kept on record.

(Biraja Prasanna Satapathy) Judge

sangita