Orissa High Court
Utkal University And Another vs Srikanta Kumar Behera And on 13 March, 2025
Bench: Arindam Sinha, M.S. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.2267 of 2023
W.A. No.2267 of 2023
Utkal University and another .... Appellants
Represented By Adv. -
Mr. D. Mohapatra, Sr. Advocate
-versus-
Srikanta Kumar Behera and .... Respondents
others
Represented By Adv. -
Mr. J. Patnaik, Sr. Advocate
Mr. S.K. Swain, AGA
W.A. No.2393 of 2023
Utkal University and another .... Appellants
Represented By Adv. -
Mr. D. Mohapatra, Sr. Advocate
-versus-
Narayan Chandra Das and others .... Respondents
Represented By Adv. -
Mr. J. Patnaik, Sr. Advocate
Mr. S.K. Swain, AGA
W.A. No.2394 of 2023
Utkal University and another .... Appellants
Represented By Adv. -
Mr. D. Mohapatra, Sr. Advocate
-versus-
Nrusingha Charan Behera and .... Respondents
others
Represented By Adv. -
Mr. J. Patnaik, Sr. Advocate
Mr. S.K. Swain, AGA
Page 1 of 4
W.A. No.2398 of 2023
Utkal University, Registrar, Vani .... Appellants
Vihar and another
Represented By Adv. -
Mr. D. Mohapatra, Sr. Advocate
-versus-
Sudarshan Barik and others .... Respondents
Represented By Adv. -
Mr. J. Patnaik, Sr. Advocate
Mr. S.K. Swain, AGA
W.A. No.2403 of 2023
Utkal University and another .... Appellants
Represented By Adv. -
Mr. D. Mohapatra, Sr. Advocate
-versus-
Jashoda Nayak and others .... Respondents
Represented By Adv. -
Mr. J. Patnaik, Sr. Advocate
Mr. S.K. Swain, AGA
W.A. No.2413 of 2023
Utkal University and another .... Appellants
Represented By Adv. -
Mr. D. Mohapatra, Sr. Advocate
-versus-
Rajashree Panda and others .... Respondents
Represented By Adv. -
Mr. J. Patnaik, Sr. Advocate
Mr. S.K. Swain, AGA
Page 2 of 4
W.A. No.2627 of 2023
Vice Chancellor, Utkal University, .... Appellants
Bhubaneswar and another
Represented By Adv. -
Mr. D. Mohapatra, Sr. Advocate
-versus-
Khulana Jena and others .... Respondents
Represented By Adv. -
Mr. J. Patnaik, Sr. Advocate
Mr. S.K. Swain, AGA
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA,
THE ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
13.03.2025
Order No.
12.
1. Mr. Mohapatra, learned senior advocate appears on behalf of
appellants (the University). He submits, his clients are aggrieved
by judgment dated 20th December, 2022 of the learned single
Judge bearing direction for formulation of scheme against existing
vacancy. He submits, pursuant to judgment of the Supreme Court
in Secretary, State of Karnataka v. Umadevi, reported in (2006)
4 SCC 1 there was no occasion for his client to formulate a
scheme. There were some regularizations made on supernumerary
posts created. Upon retirement of those persons, the posts stood
abolished. There is no vacant post, against which a scheme can be
formulated pursuant to Umadevi (supra). The learned single Judge
erred both on facts and in law. Impugned judgment be set aside in
appeal.
2. Mr. Patnaik, learned senior advocate appears on behalf of
private respondents in the several appeals and submits, a scheme
already stands formulated. His instructions are, there was litigation
in respect of the scheme, ultimately confirmed by the Supreme
Court. Mr. Swain, learned advocate, Additional Government
Advocate appears on behalf of State.
3. On perusal of paragraph 19 of impugned judgment, we
require assistance on demonstration of findings on facts and
directions made on basis thereof. The paragraph contains
suppositions in contemplating contingencies. Appellant will also
examine submission of respondent no.1 that, a scheme confirmed
by the Supreme Court exists.
4. List on 7th April, 2025 for disposal.
(Arindam Sinha)
Acting Chief Justice
(M.S. Sahoo)
Designation: Junior Stenographer Judge
Jyoti
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 13-Mar-2025 16:41:47
