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Orissa High Court
Registrar (Judicial) vs State Of Odisha & Others .... Opp. ... on 9 April, 2026
Bench: K.R. Mohapatra, V. Narasingh
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
IN THE HIGH COURT OF ORISSA AT CUTTACK
SUO MOTU W.P.(C) PIL No.2140 of 2020
Registrar (Judicial), .... Petitioner
Orissa High Court, Cuttack
Mr. Lalatendu Samantaray, Sr. Advocate
President, OHCBA
Mr. Bijay Kumar Dash, Senior Advocate
Amicus Curiae
Er. Mr. Nagendra Kumar Mohanty,
Amicus Curiae
-versus-
State of Odisha & Others .... Opp. Parties
Mr. Debasis Nayak,
Additional Government Advocate &
Advocate for the CMC
Mr. Prasanna Kumar Parhi, Sr. Advocate, DSGI
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE V. NARASINGH
ORDER
09.04.2026
Order No. RECONSTITUTION OF COMMITTEE(S) TO ASSIST THE
COURT
411. On account of new office bearers being elected and
09.04.2026
assuming charge of the Orissa High Court Bar Association,
the Secretary of Orissa High Court Bar Association is
requested to submit a fresh list of learned counsel to
represent each of the 59 wards coming under Cuttack
Municipal Corporation.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
They are also called upon to submit the names of
members of the committee consisting of maximum five
numbers including two lady members to assist this Court
relating to the issues pertaining to SCBMCH, Cuttack and
Sardar Vallabhbhai Patel Post Graduate Institute of
Pediatrics and issues in connection with and arising out of
the concerns relating to the health sector.
The civic issues relating to Cuttack Municipal
Corporation shall be entertained only through the aegis of
Advocates' Committee representing the ward(s)/residents
welfare committees.
To ensure ease of conducting the proceeding and to
address multifarious issues plaguing Cuttack city that need
to be addressed in the present PIL, this modality is
adopted. It is needless to say that the same can be suitably
modified taking into account, on the strength of inputs
from the stake holders.
This Court would be failing in its duty if it does not
place on record its deep sense of appreciation for the
assistance rendered by the members of the Advocates'
Committee of different wards led by learned Senior
Counsel Mr. Manoj Kumar Mishra and Mr. Avijit
Pattnaik, Ex-President and Secretary of the Orissa High
Court Bar Association respectively as well as, for the
invaluable efforts of Mr. Bijay Kumar Dash, learned
Senior Counsel and Ex-President of the Orissa High Court
Bar Association as also Er. Mr. N.K. Mohanty, learned
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
member of the Orissa High Court Bar Association as
Amicus Curiae(s).
This Court has no iota of doubt that as and when
this Court requires their assistance/guidance, they will
ungrudgingly extend the same, in furthering the interest of
the man on the street, whose voice is more often than not,
goes unheard.
In this regard, this Court looks forward to the
continuing proactive cooperation of State functionaries,
the learned counsels appearing for the Union of India and
State Government, CMC and other wings of State or State
owned organizations.
Secretary, Orissa High Court Bar Association shall
submit the list of the counsels as aforesaid in terms of this
order by 15th of April, 2026, in sealed cover.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
ILLUMINATION OF STREET LIGHTS/STREET LIGHTS
Order No. NOT FUNCTIONING AND ISSUE RELATING TO TRAFFIC
412. 1. These matters are taken up through hybrid
09.04.2026
arrangement (video conferencing/physical mode).
2. It is submitted that 70 nos. of LT lines Poles in
Ward No.55 i.e. from Kanheipur Primary School to
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
Bhadimula on Mahanadi river embankment road have been
erected and all the street lights in the said stretch have
become functional.
3. Learned Members of the Advocates' Committee are
called upon to submit their response regarding the
aforesaid claim.
4. So far as other street lights and traffic lights etc. are
concerned, members of the Advocates' Committee of all
the wards are called upon to verify functioning thereof and
a report in the said regard relating to all the wards shall be
submitted by the next date.
5. Put up this matter on 14th of May, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
ISSUE OF SCBMCH, CUTTACK
i) OPEN HEART SURGERY IN THE CTVS DEPARTMENT
413-A. 1. The Commissioner-cum-Secretary, Health and
09.04.2026
Family Welfare Department, Government of Odisha, Ms.
Aswathy S. (IAS), who appears through virtual mode,
assures the Court that she will have a discussion with the
Managing Director, Odisha State Medical Corporation
Limited (OSCML) and apprise the Court about the date by
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
which the construction of Modular OTs be completed in all
respects.
2. Put up this matter on 7th May, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
ii) INTERDEPARTMENTAL COORDINATION
404-C.
413-B. 1. This court is appraised that pursuant to order dated
09.04.2026 401-D dated 26th February, 2026, a meeting was convened
on 13th March, 2026 involving all the heads of Medical
Department of the SCBMCH. In the said meeting, the
following decisions are taken:-
"a) It has been instructed to all clinical Professors and HODs to
prepare duty list of the concerned departments in due consultation
with Medical Superintendent.
b) It is also been reiterated that either one SR/Asst. Prof. or
both from department of cardiology and medicine are to remain
present at non trauma casualty from 5 pm to 9 am.
c) As per the directives and guidelines of the H & FW
Department, Govt. of Odisha, all Asst. Prof. and Professors/HODs of
clinical departments must be available over telephone of
emergencies.
d) One Assistant Prof. ideally must be available and remain
duty at all items post OPD hours for effective patient care
coordination and smooth discharge of duty.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
e) The duty list from all the departments must reach the office
of the Medical Superintendent by email or hard copy.
f) One Asst. Prof of each clinical department must be
designated as night duty manager on monthly basis with intimation to
the office of Medical Superintendent.
g) It has been further emphasized that death audit/review
meeting is to be initiated by all departments in a meticulous manner.
h) As discussed and decided, biometric attendance system of
all faculties are to be reviewed and evaluated by the Dean and
Principal.
i) In case of any equipment machineries lying idle/obsolete or
unused at any clinical department that item is to be shifted other
department under the approval of the Medical Superintendent.
j) It has also been discussed and decided that the Medical
Superintendent can divert and change or depute Nursing Officer
interdepartmentally in order to achieve optimum patient care and
treatment.
k) It has also been emphasized that Infection Controlling
Nurse (ICN) will do auditing at (Labour Room) LR, SNCU and OT.
All HODs will coordinate and cooperate during this assessment
period.
l) All HODs to comply and furnish report regarding Non-OPD
days to patient care with information intimation to Medical
Superintendent."
2. The designated committee of the learned counsel
dealing with issues relating to hospitals to be constituted on
the basis of orders passed on this day shall apprise this
Court regarding the effectiveness of the proposed measures
and suggest any corrective steps to be taken to augment the
interdepartmental coordination.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
3. Further orders shall be passed on receipt of report
of the Advocates' Committee.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
iii) ONLINE REGISTRATION OF OPD PATIENTS
413-C. 1. The matter shall be taken up on 23rd April, 2026.
09.04.2026
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
IV) NIGHT SHELTERS FOR PATIENT & RELATIVES
413-D. 1. It is submitted by the learned Additional Government
09.04.2026
Advocate, pursuant to order No.405-A dated 12th March,
2026, the auto stand near the SCBMCH Medical Campus is
being utilized for distribution of food by the NGOs.
2. Deputy Commissioner, Sanitation, CMC apprised
the Court that the said place is being cleaned regularly and
a Sanitation Inspector is being deputed to oversee the
cleaning of the place.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
3. Random surprise checking of the quality of food
being distributed be undertaken by the health official of
CMC. Communication be issued to the NGOs by District
Administration to maintain the quality of food.
Steps taken in this regard shall be placed on record
to be considered on the next date, 30th of April, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
V) LIVER TRANSPLANTATION
413-E.
09.04.2026
1. Ms. Aswathy S. (IAS), the Commissioner-cum-
Secretary of the Health & Family Welfare Department,
Odisha has apprised this Court that Government has
approved the empanelment of MGM Chennai for
conducting liver transplant, Lungs Transplant, Heart
Transplant, Kidney Transplant and Bone Marrow
Transplant. The MoU shall be signed shortly.
Follow up steps taken in this regard be placed on
record by 4th of May, 2026.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
2. Put up this matter on 7th of May, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
VI) PROCUREMENT OF 2 SETS OF HIGH-
413-F.
09.04.2026 QUALITY EQUIPMENT AND INSTRUMENT FOR
EACH OT
1. Regarding procurement of 2 sets of high-quality
equipment and instrument for each OT, it is stated that
proposal has been sent by HoD, CTVS to DMET Odisha
vide Letter No.653 Dt.14.11.2024 and the tender process
has already been initiated and details regarding the same
shall be placed on record by the OSMCL by 4th of May,
2026.
2. Put up this matter on 7th of May, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
VII) ESTABLISHMENT OF DEDICATED CARDIAC
413-G.
09.04.2026 ANAESTHESIA UNIT
1. This Court is apprised that in the meanwhile two
ECMO Anesthetists have joined and Ms. Aswathy S.
(IAS), the Commissioner-cum-Secretary of the Health &
Family Welfare Department informs this Court that efforts
are on to engage qualified man power on contractual basis,
so as to meet the urgent needs.
2. Put up this matter on 7th of May, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
VIII) RECRUITMENT OF TWO TEAMS OF
413-H.
09.04.2026 CARDIOTHORACIC SURGEON TEAM, CARDIAC
ANAESTHESIOLOGIST AND PARAMEDICAL STAFF
1. Ms. Aswathy S. (IAS), the Commissioner-cum-
Secretary of the Health & Family Welfare Department
intimates that the department plans to operationalize two
Cardiothoracic Surgery (CTVS) units comprising
Cardiothoracic Surgeons, Cardiac Anesthesiologists and
supporting paramedical staff.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
2. And, it is brought to the notice of this Court that
currently one unit is operational and regarding second unit,
Assistant Professor Dr. Siba Shankar Kar has already been
recruited and one post of assistant professor is to be filled
up and two CTVS ECMO Anesthetists are available on
contractual basis and the Finance Department has been
moved for creation of additional posts in super-specialty
department in various medical colleges of the State
including CTVS and the progress made in this regard shall
be placed on record by 4th of May, 2026.
3. On the said date, the Commissioner-cum-Secretary
of the Health & Family Welfare Department and Secretary
Finance Department are called upon to remain present in
the proceeding either virtually or in person.
4. Put up this matter on 7th of May, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
IX) FIRE SAFETY MEASURES IN HOSPITALS
413-I. 1. Mr. Sudhanshu Sarangi, IPS Director General, Fire
09.04.2026
and Emergency Services, appeared virtually.
2. The editorial published in the English daily, the
Hindu dated 19.03.2026 is taken on record. The special
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
measures required to be taken in respect of ICUs as
published in the said daily is extracted hereunder;
"xxx xxx xxx
ICUs have intrinsic safety risks, as their oxygen-
rich environment can turn even a spark into an
inferno. ICUs are also packed with electrical
equipment, and the personnel are not always well
trained in their safe handling. State-of-the-art
medical equipment comes with advanced
electronics and variable frequency drives that
generate what are called "harmonic currents."
These currents flow within circuits and typically
have no safety devices such as circuit breakers.
Harmonics create silent, persistent overheating
and insulation degradation and are a severe fire
hazard. Today's electrical practice demands that
every time a new ventilator is wheeled into an
ICU, the wiring, protection, and load capacity
must be re-evaluated. Older facilities need an
electrical upgrade before cutting-edge equipment
can be installed. As patients in ICUs are often
sedated, intubated, and connected to machines,
staff must be trained to ensure their safe
evacuation.
xxx xxx xxx"
3. It is apt to note that by order dated 16.07.2024 in
W.P.(C) No.18657 of 2015 this Court took note of status
of progress of work of installation of fire fighting system
in all building of SCBMCH, Cuttack.
4. Mr. Sudhanshu Sarangi, Director General, Fire and
Emergency Services who gave valuable inputs during the
deliberation, is requested to place the same on record by
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
way of affidavit and also indicate regarding the measures
taken in terms of the earlier order of this Court dated
16.07.2024 by the next date by 04th of May, 2026.
5. Put up this matter on 17th May, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
X) FUNCTIONING OF TRAUMA CARE CENTRE
413-J. 1. It is brought to the notice of this Court by Ms. Aswathy
09.04.2026
S. (IAS), the Commissioner-cum-Secretary of the Health &
Family Welfare Department, Odisha as well as Dr. (Prof.)
Jyotish Chandra Choudhury, Superintendent, SCBMCH,
Cuttack that new trauma ICU located in department of
surgery is likely to be become functional by 25th of April,
2026.
2. It is also brought to the notice of this Court that at
present the needs of trauma patients requiring intensive care
are being addressed by respective department ICUs like
Orthopedic, neurosurgery etc.
3. Learned AGA, Mr. Nayak shall apprise this Court
regarding the progress made in the judicial inquiry instituted
to look into the fire incident in the trauma ICU of SCBMCH
which resulted in unfortunate death of 12 patients.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
4. Learned Additional Government Advocate is called
upon to convey the concern of this Court that the ongoing
judicial inquiry ought not to be a road block for restoration
work to commence of the trauma care ICU of SCBMCH,
gutted in fire.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
SARDAR VALLABHBHAI PATEL POST GRADUATE
INSTITUTE OF PAEDIANTICS-SISHU BHAWAN
i) OPEN DRAIN IN SHISHU BHAWAN
414-A. 1. Pursuant to Order No.404-A dated 12.03.2026, a
09.04.2026
compliance report is submitted wherein, it is indicated that
the unauthorized encroachment over the municipal drains
from Sishu Bhawan has been removed and cleared on
18.03.2026 and 24.03.2026. However, the construction of
internal drains is being executed by the CMC, shall be
completed by September, 2026.
2. During the course of execution of internal drain
work, some portions of existing old toilets of residential
quarters which would obstruct the drain alignment shall be
removed. After completion of the said drain work, the
internal drain water will be smoothly discharged into
Municipal main drain, located outside.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
3. Mr. B. K. Dash, learned Senior Counsel seriously
disputes the same and produces some photographs which
are taken on record and submits that no encroachment has
yet been removed and the report submitted is an eyewash.
4. In view of the competing claims, this Court feels it
proper to direct the learned Deputy Registrar (Protocol) and
learned Assistant Registrar (Administration) of this Court to
inspect the area and submit a report in a sealed cover by
15th of April, 2026 which shall be considered on 16 th April,
2026.
5. Registry is requested to do the needful.
6. The Deputy Commissioner of Police, Cuttack is
directed to provide adequate police protection to the
officials of the High Court at the time of inspection.
7. Put up this matter 16th of April, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
ii) TRANSPORTATION INSIDE SISHU BHAWAN
414-B. 1. It is submitted by Mr. Nayak, learned Additional
09.04.2026
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
Government Advocate that a sum of Rs.26 lakhs has been
placed with the Sishu Bhawan for obtaining two numbers of
battery operated ambulances and one of six seater battery
operated E-gulf cart for commutation of patients and the
attendants inside the campus of Sishu Bhawan, as per the
specifications provided by the Superintendent of Sishu
Bhawan.
2. Dr. (Prof.). Mishra, Superintendent of Sishu
Bhawan submits that since funds have already been placed
by NALCO, tenders have been floated on 13.04.2026. The
aforesaid battery operated vehicles shall be purchased by
15.05.2026.
3. This Court places on record its deep sense of
appreciation for the initiative taken by Mr. Manoj Kumar
Mishra, learned Senior Counsel to obtain the aforesaid
battery operated vehicles from NALCO.
4. The empathy shown by the NALCO is laudable.
Extract of this order be sent to the learned Senior Counsel,
Mr. Mishra and the Managing Director, NALCO.
5. Registry is requested to take necessary follow up
steps.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
SATYABRATA STADIUM
415. 1. Upon hearing learned Senior Counsel Mr. P.K. Parhi,
09.04.2026
DSGI and Mr. Dibishada Brajasundar Garnayak,
Superintendent of ASI, Puri circle, it appears that order
No.410 dated 26.03.2026 has not yet been complied.
However, learned Senior Counsel Mr. Parhi, DSGI prays
for 7 days time for compliance of the order No.410 dated
26.03.2026.
2. In view of the above, this Court adjourns the matter
to be listed on 23rd of April, 2026, by which date the
compliance report of Order No.410 dated 26.03.2026 shall
be filed by Mr. Garnayak, Superintendent of ASI, Puri
circle.
3. In course of deliberation Mr. Garnayak,
Superintendent of ASI, Puri circle submitted that necessary
permission/NOC shall be granted to the Cuttack Municipal
Corporation for cleaning/putting of fresh bio-toilets in the
premises of Satyabrata Stadium.
4. The WATCO shall make a survey of Satyabrata
Stadium to provide drinking water. In the meantime the
CMC shall make temporary arrangements to provide
drinking water at Satyabrata Stadium.
5. The Collector, Cuttack, Mr. Shinde Dattatraya
Bhausaheb, IAS, who joined the proceeding is called upon
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 09-Apr-2026 23:09:09
to place on record the revised DPR, which has been
submitted to ASI, by the next date.
6. Put up this matter on 23rd of April, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
S.S.SATAPATHY
