Santosh Kumar Behera vs State Of Odisha & Others .... Opposite ...
2025 Latest Caselaw 1581 Ori

Orissa High Court

Santosh Kumar Behera vs State Of Odisha & Others .... Opposite ... on 22 July, 2025

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.A. No.286 of 2025

            Santosh Kumar Behera                         ....              Petitioner
                                                              Represented by Adv.-
                                                       Mr. Prince Patnaik, Advocate
                                            -Versus-
            State of Odisha & Others                     ....       Opposite Parties
                                                             Represented by Adv.-
                                                          Mr. Bimbisar Dash, AGA

                               CORAM:
                     HON'BLE THE CHIEF JUSTICE
                                AND
             HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                         ORDER

Order No.                               22.07.2025
                                   I.A. No.281 of 2025

01. This matter is taken up through Hybrid mode.

2. Heard Mr. Prince Patnaik, learned counsel appearing for

the Petitioner and Mr. Bimbisar Dash, learned Additional

Government Advocate for the State.

3. The petitioner herein filed a writ petition being W.P.(C)

No. 19001 of 2024, in which the present respondents were also the

opposite party- respondents.

4. Pursuant to the notice dated 10.09.2023 issued by the

Odisha School Education Programme Authority, the Petitioner

applied for his engagement as Junior Teacher (Schematic)-2023.

However, by office order dated 10.07.2024, the Odisha School

Education Programme Authority rejected the candidature of the

Petitioner for the said post for the reason "(1) Duration of B.Ed.

Degree required and (2) As per clarification dated 24.06.2024 of

Government in School & Mass Education Department, Only

candidates having B.A./ B.Sc. degree are eligible". As such, the

petitioner filed the said W.P.(C) No.19001/2024. The learned

Single Judge by a common judgment dated 04.10.2024 dismissed

the petitioner's said W.P.(C) No. 19001/2024 along with 21 other

writ petitions.

5. Aggrieved with the said judgment dated 04.10.2024 passed

in W.P.(C) No. 19001 of 2024, the petitioner preferred an intra-

court appeal being W.A. No.286 of 2025 with a delay of 49 days.

Hence this application by the petitioner under Section-5 of the

Limitation Act for condonation of said delay of 49 days.

6. After hearing the learned counsel for the parties and

considering the materials placed before the Court, we found that

the petitioner could show sufficient reasons for the delay that

obstructed him in preferring the said writ appeal within the time

prescribed.

7. Mr. B. Dash, learned Additional Government Advocate

appearing for the opposite parties-respondents has also no

objection in condoning the delay of said 49 days in preferring the

connected writ appeal preferred by the petitioner.

8. Considering the entire aspects of the matter and the

materials on record, we accordingly condone the delay of 49 days

in preferring the connected writ appeal W.A. No.286/2025 by the

petitioner.

9. The I.A. is accordingly disposed of.

2. Heard Mr. Prince Patnaik, learned counsel appearing for

the appellant and Mr. Bimbisar Dash, learned Additional

Government Advocate appearing for the respondents-State.

3. Hearing being concluded, judgment/order is pronounced

vide separate sheets.

(Harish Tandon) Chief Justice

(M. R. Pathak) Judge Narayan