Orissa High Court
Happy Choudhury vs ) State Of Odisha ..... Opposite Parties on 23 June, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.14244 of 2025
Happy Choudhury ..... Petitioner
Represented By Adv. -
Subhadutta
Routray,s.sekhar, J.biswal,
M.panda, Charvi
-versus-
1) State Of Odisha ..... Opposite Parties
2) Director Of Health Services Represented By Adv. -
3) Secy, Osssc Mr.U.C.Jena, ASC
4) Registrar, Odisha Nurses And
Midwives Registration Councel
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
23.06.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as
learned Additional Standing Counsel for the State. Perused
the Writ Petition as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with
the following prayer:
"It is therefore, most humbly prayed that this
Hon'ble Court be graciously pleased to
i) Admit the writ application,
ii) Call for the record.
iii) Issue rule NISI calling upon the Opp.Parties to
show cause as to why the reject list dated
20.10.2023 under Annexure-9 so far as the
Petitioner is concerned shall not be quashed.
iv) And if the Opp.Parties fails to show cause or
show insufficient cause, issue a writ in the
nature of certiorari or any other writ/writs,
direction/directions by quashing the reject list
dated 20.10.2023 under Annexure-8 so far as
the Petitioner is concerned.
v) Issue a writ in the nature of mandamus or any
other writ/writs direction/directions directing the
Opp.Parties to consider the case of the
Petitioner for appointment as Nursing Officer
pursuant to the advertisement under Annexure-
1 in terms of the judgment dated 07.11.2023
passed in W.P.(C) No.36009 of 2023 under
annexure-10 has been done in case of similarly
situated candidates vide notice under
Annexure-15 within a stipulated time to be fixed
by this Hon'ble Court.
vi) And/or pass any other order/orders,
direction/directions as this Hon'ble Court deems
fit and proper for the ends of justice."
4. Learned counsel for the Petitioner at the outset
contended that being aggrieved by the conduct of the Opposite
Parties in including the name of the Petitioner in the rejection
letter under Annexure-8, the Petitioner has approached this
Court by filing the present Writ Petition.
5. Learned counsel for the Petitioner at the outset
contended that the issue involved in the present Writ Petition
was directly and substantially in issue in the case of Narmada
Das & Ors v.State of Odisha and Ors in W.P.(C) No.36009
of 2023. This Court vide order dated 07.11.2023 had already
disposed of the aforesaid Writ Petition by a detailed order. He
further contended that the case of the Petitioner is squarely
covered by the ratio laid down in the aforesaid decision. In
view of the aforesaid matter, learned counsel for the Petitioner
contended that the Writ Petition filed by the Petitioner be
allowed in terms of the judgment in Narmada Das's case
(supra). It is also contended by the learned counsel for the
Petitioner that the order passed in the aforesaid Narmada
Das's case (supra) has attained finality since no appeal has
been preferred against the same and the same has been
implemented by the State of Odisha.
6. Learned Additional Standing Counsel on the other hand
contended that although he has no instruction in the matter, in
the event this Court directs the Opposite Parties to consider
the case of the Petitioner in terms of the order passed in
Narmada Das's case (supra), if it is found that the Petitioner is
covered by the ratio laid down in the aforesaid case, within a
stipulated period of time, he has no objection to the same.
7. Considering the submissions made by the learned
counsels for the respective parties, on careful examination of
the background facts as well as the materials on record, further
taking into consideration the order passed in the aforesaid
case, this Court deems it proper to dispose of the Writ Petition
at the stage of admission by granting liberty to the Petitioner
to approach Opposite Party No.1 by filing a detailed
representation along with the copy of the order in Narmada
Das's case (supra) within two weeks from today. In such
eventuality, the Opposite Party No.1 shall do well to consider
the representation of the Petitioner in the light of the ratio laid
down in the aforesaid case and dispose of the representation
of the Petitioner by passing a speaking and reasoned order
within two months from the date of approach the Opposite
Party No.1 by the Petitioner. The final decision so taken be
communicated to the Petitioner within 10 days thereafter.
8. With the aforesaid observation, the writ application
stands disposed of.
9. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Designation: AR-CUM-Senior Secretary
