Dr. Soumya Kanta Mohanty vs This Matter Is Taken Up Through ...
2023 Latest Caselaw 6091 Ori

                             IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.P(C) NO. 16048 of 2019

                       Dr. Soumya Kanta Mohanty         ....                Petitioner
                                                               Mr.B.S.Rayaguru, Adv.
                                                -versus-
                       State of Odisha & others       ....               Opp.Parties
                                                             Mr.G.R.Mohapatra,ASC.
                                                                  Mr. S. K. Das,Adv



                                  CORAM:
                                  DR. JUSTICE S.K. PANIGRAHI

          Order                                 ORDER
          No.                                  16.05.2023

           01.          I.A. No.1595 of 2023

                        1.

This matter is taken up through hybrid arrangement.

2. This application has been filed by the opposite party

party No.5 in favour of whom the I.A.No.4920 of 2021

was allowed to be an intervenor-opposite party No.5 in

the W.P.(C) No.16048 of 2019 which was disposed of

vide judgment dated 23.12.2022.

3. Heard learned counsel for the petitioner/opposite

party No.5 and learned counsel for the State.

4. Learned counsel for the petitioner/opposite party

No.5 submits that since his application for intervention

of Dr.Kunal Agarwal was allowed, the cause title of the Signature Not Verified

Signed by: LINGARAJ BEHERA Reason: Authentication Location: OHCCUTTACK Date: 20-May-2023 11:56:14 // 2 //

writ petition ought to have been corrected accordingly

and he should have been made as opposite party No.5 in

the writ petition. But, the writ petitioner did not carry out

necessary correction/amendment of his cause title by

filing consolidated petition. Although he has argued the

matter and filed his notes of submission, his name did

not find place in the judgment. Further, opposite party

No.5 applied for the certified copy and found that his

name is not there in the cause title. The Registry has also

not carried out necessary correction in the cause title for

which neither the name of the petitioner nor the name of

his advocate has been mentioned in the judgment though

he has contested in the case.

5. It is further submitted that now since the Hon'ble

Court has come to a conclusion in paragraph-28 and 29 of

the judgment that the writ petitioners cannot question

such advertisements after process of selection is over and

after the petitioner participated in the selection. Now, the

result is to be published and the selection process has to

be completed. But, when the petitioner approached the

OPSC ( opposite party No.4) with the certified copy of

the order, it was not honoured on the plea that Dr.Kunal

Agarwal is not a party in the proceeding as his name Signature Not Verified Digitally Signed does not find place in the cause title or in the judgment. Signed by: LINGARAJ BEHERA Reason: Authentication Location: OHCCUTTACK Date: 20-May-2023 11:56:14 // 3 //

6. In such view of the matter, let notice be issued to the

Secretary, OPSC (opposite party No.3 in the writ petition)

by Regd. Post with A.D./Speed Post. The requisite shall

be filed within three working days.

7. List this matter on 26th of June, 2023.

(Dr. S.K. Panigrahi) Judge LB

Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Reason: Authentication Location: OHCCUTTACK Date: 20-May-2023 11:56:14