Dr. Basant Kumar Mishra vs State Of Odisha & Ors
2023 Latest Caselaw 5842 Ori

Citation : 2023 Latest Caselaw 5842 Ori
Judgement Date : 12 May, 2023

Orissa High Court

Dr. Basant Kumar Mishra vs State Of Odisha & Ors on 12 May, 2023

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No. 25649 of 2022

        Dr. Basant Kumar Mishra             ....               Petitioner
                                                       Mr. D.N. Rath, Advocate

                                           -versus-

        State of Odisha & Ors.              ....               Opposite Parties
                                                         Mr. H.K. Panigrahi, ASC
                                                         Mr. T. Mishra, Advocate
                                                          (Opp. Party No. 5)

                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                     ORDER

12.05.2023 Order No

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

2. Heard learned counsel appearing for the Parties.

3. With regard to maintainability of the writ petition when learned counsel appearing for Opp. Party No. 5 contended that the writ petition is maintainable relying on the decision of the Hon'ble Apex Court in the case of Committee of Management, Delhi Public School & Anr. Vs. M.K. Gandhi & Ors. ((2015) 17 SCC 353), Mr. B.S. Tripathy, learned counsel appearing for the Petitioner produced before this Court the Judgment of the Hon'ble Apex Court in the case of ST. Mary's Education Society & Anr. Vs. Rajendra Prasad Bhargava & Ors. (SLP (Civil) No. 1118 of 2022). Copy of the same be kept in record.

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4. Mr. Mishra is directed to go through the said Judgment and apprise this Court on the question of maintainability on the next date.

5. As requested by learned counsel appearing for the Parties, list this matter in the week commencing 26th June, 2023.

(Biraja Prasanna Satapathy) Judge Sneha

Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: Cuttack Date: 15-May-2023 19:42:20