Jyoti Prakash Swain vs State Of Odisha And Others ..... ...
2026 Latest Caselaw 856 Ori

Orissa High Court

Jyoti Prakash Swain vs State Of Odisha And Others ..... ... on 2 February, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                              WP(C) No.2795 of 2026

            Jyoti Prakash Swain                     .....                Petitioner
                                                            Represented by Adv. -
                                                            Mr. Bivudatta Chalan

                                           -versus-
            State of Odisha and others             .....          Opposite Parties
                                                            Represented by Adv. -

                                                            Mr. Sarbeswar Behera,
                                                            AGA

                                 CORAM:
            THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                          ORDER

02.02.2026 Order No.

01. 1. This matter is taken up through Hybrid mode.

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

3. The present writ petition has been filed by the Petitioner with the following prayers:-

"Under the above circumstances, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of mandamus or any other appropriate writ, direction or order by directing the Opp. Party No.3 to give appointment to the present petitioner against the vacant posts of contractual teacher (CBZ) in Malkangiri district in pursuance of the advertisement dated 30.11.2018 under Annexure-1 as the petitioner is entitled for the

same and similarly situated persons have already been engaged as contractual teacher (CBZ) in compliance of the order passed by this Hon'ble Court I the case of Abhijeet Ghosal Vs. State of Odisha in W.P.(C) No. 20494 of 2023 which was disposed of on 08.01.2025 and consider the representation of the petitions by the Opp. Party No3 within a stipulated period.

And pass any other order/direction as this Hon'ble Court may deem fit and proper in the interest of justice equity and fair play."

4. It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation before the Opposite Party No.3 under Annexure-10 series, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now.

5. Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.

6. Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-10 series by taking into consideration the judgment of a coordinate Bench of this Court in Abhijeet Ghosal v. State of Odisha and others (W.P.(C) No.20494 of 2023, disposed of on 08.01.2025) within a period of eight weeks from the date of production of a certified copy of this

order. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within ten days thereafter.

Urgent certified copy of this order be granted on proper application.

(Aditya Kumar Mohapatra ) Judge Debasis/Suchitra