Yogamaya Pradhan & Others vs State Of Odisha & Another
2023 Latest Caselaw 12944 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No.34335 of 2023
                 Yogamaya Pradhan & others               ....              Petitioners
                                                              Dr. J.K. Lenka, Advocate
                                             -versus-
                 State of Odisha & another               ....        Opposite Parties
                                                                    Mr. S. Das, A.G.A.


                                          CORAM:

                             JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 18.10.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioners as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto.

3. Learned counsel for the Petitioner at the outset contended that the provision of Rule 7(C) of Odisha Medical Services (Method of Recruitment and conditions of Service of Dental Surgeons) Rules, 2022 were challenged before a Division Bench of this Court in W.P.(C) No.25516 of 2023. The Division Bench vide its order dated 16.08.2023 disposed of the writ application without interfering with the rule, however, it has been observed by a Division Bench that the provision which was under challenge requires re-visit by the State-Opposite Parties. Learned counsel for the Petitioner further contended that without reconsidering the provision of Rules, the State Government is continuing with the selection process of Dental Surgeons.

4. This Court further observed that the Division Bench's judgment which was delivered on 16.08.2022, however, the advertisement under // 2 //

Annexure-8 was dispute much prior to the Division Bench judgment, therefore, this Court is not inclined to pass any interim order which will affect the recruitment process.

5. However, considering the issue involved in the present writ application, this Court is of the view that the same requires further consideration, accordingly, issue notice to the Opposite Parties.

6. Since Mr. S. Das, learned Additional Government Advocate accepts notice on behalf of the Opposite Party No.1, let an extra copy of the writ petition be served on him within three working days.

7. Mr. T. Pattnaik, learned counsel, who usually appears on behalf of the Odisha Public Service Commission accepts notice on behalf of the Opposite Party No.2, let an extra copy of the writ petition be served on him within three working days.

8. Reply affidavit, if any, be filed within four weeks.

9. List this matter in the week commencing 11.12.2023.

( A.K. Mohapatra ) Judge Anil

Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 25-Oct-2023 15:37:57