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Orissa High Court
Keshab Chandra Sethy vs G. Edison & Anr. .... Opposite Party(S) on 17 February, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.4955 of 2025
Keshab Chandra Sethy .... Petitioner(s)
Mr. Swapnil Roy, Adv.
-versus-
G. Edison & Anr. .... Opposite Party(s)
Mr. Jyoti Ranjan Deo, Adv.
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order ORDER
No. 17.02.2026
05. 1. This matter is taken up through hybrid arrangement.
2. This CONTC arises out of the judgment dated
17.12.2024 passed in W.P.(C) No.14144 of 2016.
3. Heard learned counsel for the parties and perused the
documents available on record.
4. At the very outset, learned counsel for the Petitioner
submits that in faithful compliance with the order dated
17.12.2024 passed by this Court in the aforesaid Writ
Petition, the Petitioner presented himself before the
Department of Ophthalmology at the S.C.B. Medical
College & Hospital, Cuttack for the purpose of undergoing
the requisite ophthalmic evaluation as directed.
5. It is further contended that the S.C.B. Medical College &
Hospital, Cuttack, being a premier tertiary care
Government institution, is adequately equipped with the
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 18-Feb-2026 18:06:39
necessary diagnostic infrastructure, specialized
equipment, and expert faculty in the Department of
Ophthalmology to conduct comprehensive eye
examinations, including any specialized assessment that
may be required in the present case. Despite such
availability of facilities, the concerned doctor of the said
Department advised the Petitioner to undergo the eye test
in a private hospital.
6. Learned counsel submits that such advice is wholly
unwarranted and contrary to the spirit and tenor of the
order dated 17.12.2024. Instead of directing the Petitioner
to approach a private institution, the concerned authority
ought to have referred the matter to the competent higher
authority within the institution for constitution of an
appropriate Medical Assessment Board, if deemed
necessary, to ensure objective and institutional evaluation
in accordance with law.
7. In order to substantiate the aforesaid contention, learned
counsel has produced the prescription issued on the
relevant date, which clearly records the advice to undergo
examination in a private hospital. It is further submitted
that the Petitioner is a person of extremely limited
financial means and is wholly incapable of bearing the
expenses of examination and allied procedures in a private
Designation: Personal Assistant
Location: High Court of Orissa
in a private establishment not only imposes an undue
Date: 18-Feb-2026 18:06:39
financial burden upon the Petitioner but also effectively
frustrates the implementation of the judgment of this
Court.
8. It is thus submitted that appropriate directions may be
issued to ensure that the Petitioner's ophthalmic
assessment is conducted in a government medical
institution itself, either by the Department of
Ophthalmology of S.C.B. Medical College & Hospital,
Cuttack or by a duly constituted Medical Board, so that the
mandate of the order of this Court is meaningfully and
effectively complied with.
9. Considering the submissions advanced on behalf of the
Petitioner and upon perusal of the prescription issued by
the Department of Ophthalmology of S.C.B. Medical
College & Hospital, Cuttack, this Court finds it
appropriate to seek a clear explanation from the competent
authority of the institution.
10. Accordingly, the Superintendent of S.C.B. Medical
College & Hospital, Cuttack is directed to appear before
this Court through Virtual Mode on 24th February, 2026 at
2.00 P.M. The Superintendent shall specifically explain the
circumstances under which the Petitioner was advised to
undergo his eye examination in a private hospital,
Designation: Personal Assistant
Location: High Court of Orissa
diagnostic facilities and specialist services in the
Date: 18-Feb-2026 18:06:39
Department of Ophthalmology of the said Government
institution. The Superintendent shall also apprise this
Court as to whether any administrative or technical
constraints existed on the relevant date, and if so, the
nature thereof, and why the matter was not referred to a
higher authority for constitution of a Medical Assessment
Board, if such act was considered necessary.
11. List this matter on 24th February, 2026 at 2.00 P.M.
12. Learned counsel for the State is directed to
communicate a copy of this order to the Superintendent of
the S.C.B. Medical College & Hospital, Cuttack forthwith.
(Dr. Sanjeeb K Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
Date: 18-Feb-2026 18:06:39
