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Orissa High Court
Dr. Lipismita Samal vs The Vice Chancellor on 6 February, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.4091 of 2026
Dr. Lipismita Samal ..... Petitioner
Represented by Adv. -
Manoj Kumar Mishra,
Senior Advocate
Tanmay Mishra
-versus-
The Vice Chancellor, Orissa ..... Opposite Party
University Of Agriculture And
Technology (ouat), Khurdha
Represented by Adv. -
Mr. D.K. Sahu, AGA
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
06.02.2026
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard Mr. M.K. Mishra, earned senior counsel for the
Petitioner as well as Mr. D.K. Sahu, learned Additional Government
Advocate for the State. Perused the writ application as well as the
documents thereto.
3. By filing the present writ application the Petitioner has prayed
for the following relief:
"It is, therefore, humbly prayed that this Hon'ble
Court may graciously be pleased to issue Rule Nisi
calling upon the 0pp. Parties to show cause as to why
appropriate writ/writs shall not be issued directing the
authorities/Opp. Parties to call the petitioner for
interview before Screening-cum-Evaluation Committee
for promotion to Level 13A (Associate Professor) under
CAS w.e.f. dtd.28.07.2024 and further be pleased to
direct the authorities/Opp. Parties give her promotion to
Academic Level- 13A (Associate Professor) w.e.f.
dtd.28.07.2024 and on perusal of causes shown if
any or insufficient causes shown, make the said rule
absolute and may pass any appropriate order as deemed
just and proper.
And for this act of kindness the petitioner shall, as
in duty bound ever pray."
4. Mr. Mishra, learned senior counsel appearing for the
Petitioner at the outset contended that initially the Petitioner was
appointed as an Assistant Processor (Animal Science) in the College
of Agriculture, Bhawanipatna under the Orissa University of
Agriculture & Technology (OUAT) with effect from 10th May,
2012. He further submitted that in the meantime, the Petitioner has
completed his Ph.D. While working as such, the Petitioner was
transferred and posted against a vacant post of Farm Manager,
AICRP on Poultry at OUAT, Bhubaneswar, the Petitioner was again
promoted to the post of Assistant Professor Level-II with effect
from 28.07.2016. He was further promoted to the rank of Assistant
Professor Level-12 with effect from 28.07.2021.
5. On 29.06.2024 the Opposite Party issued a notification dated
18.07.2018 inviting application for consideration of the cases of the
teaching staff to promotion under Career Advance Scheme (CAS) in
the prescribed format available in the website of the OUAT.
Accordingly, the Petitioner submitted her application on
06.03.2025.
6. While the matter stood thus and the application of the
Petitioner for promotion under CAS scheme was under
consideration, the Petitioner was issued with memorandum dated
07.07.2025 wherein allegations of misconduct were made against
the present Petitioner. Accordingly, the Opposite Party has proposed
for initiation of an inquiry under Rule 15 of Orissa Civil Services
(Clarification Control & Appeal) Rules, 1962. Since the promotion
under the CAS scheme is likely to be taken up in the near future, the
Petitioner, apprehending possible impediments in considering her
case, approached the Opposite Parties by filing a representation on
09.12.2025 at Annexure-7. Such representation of the Petitioner is
stated to be pending before the Registrar, OUAT-Opposite Party
No.2 to the present writ application. Since no decision has been
taken on such representation which was filed on 09.12.2025, being
aggrieved by such inaction under the part of the Opposite Party
No.2, the Petitioner has approached this Court by filing the present
writ application.
7. Learned Additional Government Advocate on the other hand
contended that although he has no specific instruction in the matter.
However, taking into consideration the nature of the grievance
involved in the present writ application and the fact that the
Petitioner has already approached the Opposite Party No.2 by filing
a detailed representation, which is stated to be pending before the
Opposite Party No.2, he will have no objection in the event this
Court directs the Opposite Party No.2 to consider the grievance of
the Petitioner as involved in such representation strictly in
accordance with law and within a stipulated period of time.
8. Having regard to the submissions made by learned senior
counsel for the Petitioner as well as learned Additional Government
Advocate, on a careful examination of the background facts as well
as the documents annexed to the writ application, this Court deems
fit proper to dispose of the writ petition at the stage of admission by
directing the Opposite Party No.2 to consider the representation of
the Petitioner strictly in accordance with law within a period of six
weeks by passing a speaking and reasoned order. It is further made
clear that in the event the Screening-cum-Evaluation Committee
considers promotion of the staff under the CAS Scheme, the case of
the Petitioner can very well be considered by following the settled
principle of law i.e. by adopting a sealed cover method. Any
decision taken by the Opposite Parties be communicated to the
Petitioner as expeditiously as possible preferably within ten days
from the date of taking such decision.
9. With the aforesaid observation and direction, the writ
application stands disposed of.
( A.K. Mohapatra )
Judge
Sisir
Designation: Personal Assistant
