State Of Odisha And Others vs Bisheshawar Biswal And Others
2025 Latest Caselaw 5184 Ori

Orissa High Court

State Of Odisha And Others vs Bisheshawar Biswal And Others on 20 March, 2025

Bench: Arindam Sinha, M.S. Sahoo

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.A. No.3321 of 2024

            State of Odisha and others                ....             Appellants
                                                        Represented by Adv.-
                                       Mr. Pitambar Acharya, Advocate General
                                                        Mr. Saswat Das, AGA
                                         -Versus-

            Bisheshawar Biswal and others             ....           Respondents
                                               Ms. Pami Rath, Senior Advocate


                                 CORAM:
                  THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                          ACTING CHIEF JUSTICE
                                   AND
                    THE HON'BLE MR. JUSTICE M.S. SAHOO

                                          ORDER

20.03.2025 Order No.

04. 1. Ms. Rath, learned senior advocate appears on behalf of

intervenors in W.P.(C) no.26079 of 2024 dealt with by impugned

judgment in common with other writ petitions. This appeal arises

out of said writ petition and is one of many preferred against said

judgment.

2. She submits, the relaxation granted by the learned single

Judge must been seen as a direction made in terms of paragraph-21

in the 2022 order. Use of word 'employees' in said paragraph has

to be read as 'candidates'. She submits, part-A of the order is all

about candidates. In part-B dealing with promotion, word

'candidates' has been used. Hence, the enabling relaxation

paragraph-21 in the order must apply to candidates.

3. On query she submits, her clients had also filed their

substantive writ petition W.P.(C) no.25203 of 2024. In paragraph-

6, the point was taken. Said paragraph is reproduced below.

"6. That Clause 21 of the 2022 order also gives power to the state to grant relaxation to any criteria including age."

There was no denial in the counter filed by State. Paragraph-15 in

impugned judgment took note of this contention of her clients.

4. She relies on judgment of the Supreme Court in State of

Maharashtra v. Prabhu reported in (1994) 2 SCC 481

paragraph-4. She submits, the Supreme Court discussed on

construction placed by the High Court to interfere with order of the

Government in exercise of its equity jurisdiction. There be no

interference in appeal as impugned judgment is a good one, on

facts and in law.

5. List on 24th March, 2025. Interim order to continue till next

date of hearing.

(Arindam Sinha) Acting Chief Justice

(M.S. Sahoo) Judge

S.K. Guin A. Nanda

Designation: Junior Stenographer

Location: High Court of Orissa