Rita Das vs ) State Of Odisha ..... Opposite Parties
2026 Latest Caselaw 844 Ori

Orissa High Court

Rita Das vs ) State Of Odisha ..... Opposite Parties on 2 February, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             WP(C) No.2854 of 2026
            Rita Das                     .....        Petitioner
                                                                Represented by Adv. -
                                                                Sarat Chandra Mekap

                                             -versus-
            1) State Of Odisha                          .....         Opposite Parties
            2) Director Of Secondary Education,                  Represented by Adv. -
            Bhubaneswar
            3) Secretary, Ossc, Bhubaneswar                      Mr. S. Behera, AGA
            4) Collector, Mayurbhanj
            5) District Education Officer,
            Mayurbhanj

                                   CORAM:
                    MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                             ORDER

02.02.2026 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard the learned counsel for the Petitioner as well as the learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed to the writ petition.

3. By filing the present writ petition, the Petitioner has sought for the following reliefs:-

"The petitioner therefore most humbly prays that this Hon'ble Court may be graciously pleased to admit this case and, after hearing both the sides, may be pleased to issue a writ of mandamus/certiorari or any other writ or direction which will deem fit and proper to this case, by directing the Collector, Mayurbhanj to appoint the present petitioner in the post of Regular Teacher (Hindi Teacher) for Government Secondary Schools under the S&ME Department, Odisha,

Bhubaneswar, pursuant to the Utkal University, VaniVihar, Bhubaneswar notification dated 31.07.2012, wherein Shastri is declared equivalent to a Bachelor's Degree.

And further be pleased, this Hon'ble Court may kindly consider this case in the light of the judgment of Smruti Rekha Mishra in W.P.(C). No.41672 of 2021, Shatri is equivalent to a Bachelor's Degree;

And/or pass any such other order/orders, direction/directions as may be deemed just and proper in favour of the Petitioner;

And for which act of kindness, the Petitioner shall as in duty bound, ever pray."

4. Learned counsel for the Petitioner, at the outset, contended that the case of the Petitioner is squarely covered by the ratio laid down by this Court in Smruti Rekha Mishra v. State of Odisha and others decided in W.P.(C) No.41672 of 2021 vide order dated 06.01.2022. He further submitted that although the Petitioner is covered by the ratio laid down in the said judgment, however, similar benefits have not been extended in favour of the Petitioner. Being aggrieved by inaction of the Opposite Parties in not treating the Petitioner at par with the above named Smruti Rekha Mishra and considering the grievance of the Petitioner, the Petitioner have approached this Court by filing the present writ petition.

5. Learned counsel for the State, on the other hand, submitted that although he has no specific instruction in the matter, however, taking into consideration the submissions made by the learned counsel appearing for the Petitioner as well as the fact pleaded in the writ petition, it appears that the Petitioner has not approached the Opposite Parties before approaching this Court. In such view of the matter, learned counsel for the State contended that he will

have no objection in the event this Court directs that the Petitioner to approach the Opposite Party No.4-Collector, Mayurbhanj for redressal of their grievance by filing a representation with corresponding direction to the Opposite Party No.4 to consider the same in accordance with law and within a stipulated period of time.

6. Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts as well as the materials on record, further keeping in view the limited nature of the grievance, this Court disposes of the writ petition at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.4 by taking all the grounds along with a judgment in Smruti Rekha Mishra's case (supra) within three weeks from today. In such eventuality, the Opposite Party No.4 shall consider the representation of the Petitioner in accordance with law and keeping in view the judgment in Smruti Rekha Mishra's case (supra) and dispose of the same by passing a speaking and reasoned order within a period of eight weeks from the date of filing such representation. The final decision so taken on such representation shall be communicated to the Petitioner within ten days thereafter.

(Aditya Kumar Mohapatra) Judge Sisir

Designation: Personal Assistant