Orissa High Court
Dr.R. Padmini Rani vs State Of Odisha And Others on 15 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29973 of 2023
Dr.R. Padmini Rani .... Petitioner
Mr. U.K.Samal,
Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr.I. Mohanty,
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
Order No. 15.9.2023.
01. 1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the Petitioner and learned Addl.
Standing Counsel for the State.
3. The Petitioner has approached this Court seeking the
following relief:-
"It is prayed therefore, that this Hon'ble Court may
graciously be pleased to:-
a) Admit the writ application:
b) Call for the records:
// 2 //
c) Issue Rule Nisi in calling upon the opposite
parties as to why the petitioner shall not be
recommended and appointed as against the posts of
Dental Surgeon in Group-A (Junior) of Odisha
Medical Services (Dental Cadre under Health and
Family Welfare Department) as per the
advertisement No.15 of 2017-18 published by
Odisha Public Service Commission in view of the
revision of marks as per the Expert Committee
report.
d) If the opp. parties fails to show cause or shown
insufficient cause the said rule be made absolute."
4. Learned counsel for the Petitioner has referred to a
judgment passed by a co-ordinate bench of this Court in
W.P.C.(OAC) Nos.2542 of 2018 and 2334/2018, wherein the
issue involved in the present case has been discussed in detail
and the following direction was issued;
"Accordingly, it is directed that the Commission
shall open the report of the Expert Committee
and consider the candidature of the Petitioners
along with similarly situated candidates, in
terms of the said report submitted by the Expert
Committee and communicate the result thereof
to the Petitioners within a period of two months
hence. If the Petitioners as well as other
candidates, who had made representations to the
Commission being dissatisfied with evaluation of
their answer scripts, are found suitable for
appointment, necessary recommendations shall
be made to the State Government for their
appointment.
With the aforesaid observation and direction,
both the writ petitions stand disposed of. Issue
// 3 //
urgent certified copy of the order on proper
application."
5. Further, another co-ordinate bench of this Court in
W.P.C.(OA) No.242 of 2019 has also disposed of the said
Writ Petition in terms of the judgment passed in the case of
Dr.Suman Tripathy v. State of Odisha and others (in
W.P.C.(OAC) No.2542/2018). It is further brought to the
notice of this Court that highlighting her grievance, the
Petitioner has submitted a representation to the Chairman,
Odisha Public Service Commission, Cuttack (Opposite Party
No.3) on 2nd September, 2023. Said representation is still
pending.
6. Having regard to the fact that the Opposite Party No.1
is to take a decision on the grievance of the Petitioner at the
first instance, the Writ Petition is disposed of directing the
Opposite Party No.1 to consider and dispose of the
representation of the Petitioner within four weeks from today.
While disposing of the representation the Opposite Party No.3
shall take note of the aforementioned judgments passed by
this Court in other Writ Petitions and pass a reasoned order
and intimate to the Petitioner.
7. Urgent certified copy of this order be granted on proper
application.
Signature Not Verified (Sashikanta Mishra)
Digitally Signed AKB Judge
Signed by: ASHOK KUMAR BEHERA
Designation: A.R.-CUM-SR.SECRETARY
Reason: Authentication
Location: High Court of orissa, Cuttack
Date: 18-Sep-2023 10:53:53
