Kanakalata Nayak vs State Of Odisha And
2023 Latest Caselaw 15252 Ori

Orissa High Court

Kanakalata Nayak vs State Of Odisha And on 29 November, 2023

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.33920 of 2023


        Kanakalata Nayak                  ....                   Petitioner
                                                  Mr. D.N. Rath, Advocate

                                       -versus-
        State of Odisha and
        Others                            ....             Opposite Parties
                                                         Mr. A.P. Das, AGA
                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                         ORDER

29.11.2023 Order No.

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

2. Heard Mr. D.N. Rath, learned counsel for the Petitioner and Mr. A.P. Das, learned Addl. Govt. advocate for the State.

3. Instruction provided by Mr. Das, learned Addl. Govt. Advocate be kept in record. From the said instruction, it is found that Opp. Party No.7 is senior to the petitioner having joined in the College earlier to the petitioner.

4. Mr. Rath, learned counsel for the petitioner contended that Opp. Party No.7 while continuing as Principal-in-Charge of the College, she submitted her unwillingness to hold the post of Principal on 26.04.2016 and 05.04.2017 vide Annexure-6 series.

// 2 //

4.1. Learned counsel for the Petitioner contended that in terms of the resolution issued by the Govt. in the Department of Higher Education on 23.03.2015 under Annexure-9, once a person expresses her unwillingness to hold the post of Principal, her claim cannot be taken into consideration in future. It is contended that the aforesaid resolution of the Government has been affirmed by this Court in its judgment dated 09.08.2023 so passed in W.P.(C) No.12301 of 2021 and batch. It is contended that once Opp. Party No.7 expressed her unwillingness to hold the post of Principal-in-Charge of the College, her claim cannot be considered in view of the resolution in question.

5. Issue notice on the question of admission.

6. 5 (five) extra copies of the Writ Petition be served on learned State Counsel, who accepted notice on behalf of Opposite Party Nos.1 to 5 by 01.12.2023.

7. Notice to Opp. Party Nos.6 & 7 by Registered Post with A.D., requisites for which shall be filed by 01.12.2023.

8. List this matter in the week commencing 15.01.2024.

9. Counter affidavit, if any, be filed in the meantime.

(Biraja Prasanna Satapathy) Judge

P.T.O. // 3 //

1. Notice as above.

2. In the interim, operation of communication dated 29.09.2023, so issued by the Opp. Party No.5 under Annexure-8 shall not be given effect to.

                                                                 (Biraja Prasanna Satapathy)
                                                                           Judge

                           Basudev





Digitally Signed                                                                       P.T.O.

Designation: Senior Stenographer Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 01-Dec-2023 17:31:29