Prasanna Kumar Sahu vs State Of Odisha And Others
2023 Latest Caselaw 4577 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.A. Nos. 666, 667 & 650 of 2023

            Prasanna Kumar Sahu                        ....           Appellant
                                         Mr. Sameer Kumar Das, Advocate
                                       -versus-
            State of Odisha and others              ....       Respondents
                                          Mr. M.K. Khuntia, AGA for State
              Mr. Jayant Kumar Rath, Senior Advocate for Respondent No.4

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY
                                         ORDER

Order No. 27.04.2023

01. 1. At the outset, Mr. Jayant Kumar Rath, learned Senior Counsel appearing for Respondent No.4 raises a preliminary objection regarding maintainability of the present writ appeals since the impugned order has been passed by the learned Single Judge in exercising the jurisdiction under Article 227 of the Constitution of India. He points out that the challenge before the learned Single Judge was to an order passed by the State Education Tribunal. He has placed reliance on an order dated 4th May, 2022 passed by this Court in W.A. No.592 of 2011 (Khalia Mehera v. S.E., Hirakud Dam Circle, Burla) where the appeal was not entertained since the impugned order in that case was passed by the learned Single Judge under Article 227 of the Constitution.

2. Mr. Sameer Kumar Das, learned counsel appearing for the Appellant, on the other hand, refers to an interim order dated 29th September, 2021 passed by this Court in W.A. No.143 of 2016 (Arabinda Panda v. The Director, Higher Education, Odisha) which according to him also was dealing with a similar preliminary

objection which stood overruled by this Court after referring to the judgment of the Full Bench of this Court in Mahammed Saud v. Dr. (Maj) Shaikh Mahfooz 2008(II) OLR (FB) 725 which has been affirmed by the Supreme Court in Mahammed Saud v. Dr. (Maj) Shaikh Mahfooz (2010) 13 SCC 517. However, the writ appeal being W.A. No.143 of 2016 was subsequently dismissed on merits.

3. Mr. Das, learned counsel for the Appellant will satisfy this Court on the maintainability of the present writ appeals by referring to all the judgments on the issue including the Mahammed Saud v. Dr. (Maj) Shaikh Mahfooz (supra).

4. List on 23rd June, 2023.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S. Behera