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Orissa High Court
Registrar (Judicial) vs State Of Odisha & Others .... Opp. ... on 12 March, 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: 12-Mar-2026 21:31:37
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. Manoj Kumar Mishra, Sr. Advocate
President, OHCBA
Mr. Bijay Kumar Dash, Senior Advocate
Amicus Curiae
Er. Mr. Nagendra Kumar Mohanty,
Amicus Curiae
Mr. Avijit Pattnaik, Advocate
Secretary, OHCBA
-versus-
State of Odisha & Others .... Opp. Parties
Mr. Debasis Nayak,
Additional Government Advocate &
Advocate for the CMC
Mr. Prasanna Kumar Parhi, DSGI
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE V. NARASINGH
ORDER
12.03.2026
ISSUES RELATING TO SARDAR VALLABHBHAI PATEL
Order No. POST GRADUATE INSTITUTE OF PAEDIATRICS - SISHU
BHAWAN
i) OPEN DRAIN IN SHISHU BHAWAN
404-A. 1. These matters are taken up through hybrid arrangement
12.03.2026
(video conferencing/physical mode).
2. Mr. Nayak, learned counsel for the CMC informed the
Court that due to contractor's strike for last 20 days, the
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Mar-2026 21:31:37
construction of drain inside the premises of Sishu Bhawan
could not progress.
3. City Engineer, CMC, Cuttack, who appears through
virtual mode, assures this Court that the construction of drain
in the premises of Sishu Bhawan shall be completed by the
end of September, 2026.
4. Mr. Dash, learned Senior Advocate, Amicus Curiae
expressed concern regarding lack of progress of construction
of drain in the premises of Sishu Bhawan.
5. Dr. (Prof.) Pravakar Mishra, the Superintendent of
Sishu Bhawan, who is present through virtual mode also
reiterated the submission of Mr. Dash, learned Amicus Curiae
and stated that only some earth work has been done and there
is no substantial progress in the construction work of the
drain.
6. During the course of hearing, concern was raised by
learned Senior Advocate Mr. Dash, Amicus Curiae, that
construction of the internal drains would be an exercise in
futility unless the encroachment over the drains into which the
internal drains of Sishu Bhawan will discharge, effluents are
removed.
7. The Commissioner, CMC, Ms. Kirandeep Kaur
Sahota, IAS, who is present virtually assured this Court that
immediate steps shall be taken for removal of unauthorised
constructions/encroachment over the Municipal drain to
which the drains from Sishu Bhawan shall be linked.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Mar-2026 21:31:37
It is needless to state that the District Administration
shall render necessary assistance in this regard.
8. A report with regard to steps taken for removal of the
encroachments shall be submitted to this Court by 6th April,
2026.
9. Put up this matter on 9th April, 2026 for consideration
of the compliance report.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
ii) BEAUTIFICATION OF OPEN POND IN SISHU BHAWAN
404-B. 1. Mr. Nayak, learned Additional Government Advocate
12.03.2026
stated that beautification of open pond in the premises of Sishu
Bhawan has already been completed in the meantime.
2. Learned Advocate's Committee shall visit the premises
of Sishu Bhawan and submit a report in that regard.
3. Put up this matter on 23rd April, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Mar-2026 21:31:37
iii) TRANSPORATION INSIDE SISHU BHAWAN
404-C.
404-C. 1. Mr. Sharma, learned counsel appearing for Mahanadi
12.03.2026 Coalfields Ltd. (MCL), submits that MCL has approved the
supply of three battery-operated passenger vehicles to Sishu
Bhawan. He further submits that a Memorandum of
Understanding (MoU) has been executed between MCL and
Sishu Bhawan for the said purpose, and 40% of the total cost
of the three battery-operated passenger vehicles has already
been released in favour of Sishu Bhawan.
Dr. (Prof.). Mishra, Superintendent of Sishu Bhawan
acknowledges the same. The MoU dated 27th February, 2026
shall form part of this order.
2. This Court appreciates the efforts made by Mr.
Sharma, learned counsel for the MCL in this regard and the
laudable gesture of the Authorities of MCL in providing three
battery-operated passenger vehicles to Sishu Bhawan.
3. During the course of deliberation, Dr.(Prof.). Mishra,
Superintendent of Sishu Bhawan, submitted that NALCO has
also provided funds for the purchase of two numbers of
Ambulance and one six-seated battery-operated passenger
vehicle.
4. Copies of the necessary and relevant communications
shall be submitted to this Court through the office of learned
Advocate General by the next date.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Mar-2026 21:31:37
5. Put up this matter on 9th April, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
ISSUES OF SCB MEDICAL COLLEGE & HOSPITAL,
CUTTACK
i) ONLINE REGISTRATION OF OPD PATIENTS
405-A. 1. Pursuant to the order No.378-A dated 05.02.2026, a
12.03.2026 compliance report has been submitted by the Medical
Superintendent, SCBMCH, Cuttack through the office of the
learned Advocate General. It is reported that for awareness of
the public regarding the facilities available to the patients in the
hospital, display boards have been fixed in each of the OPDs in
the hospital. That apart, wide publication has been made
through print and electronic media to avail the facilities.
2. It is further reported that the HoDs of the clinical
departments have been requested vide letter No.3331 dated
07.02.2026 to provide monthly data on consultation to patients
by faculties in Non-OPD days. Up-to-date data on consultation
to the patients on Non-OPD days has also been provided in the
said compliance report.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Mar-2026 21:31:37
3. Put up this matter on 9th April, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
ii) LACK OF NIGHT SHELTERS FOR PATIENT
RELATIVES
405-B. 1. Pursuant to the order No.378-B dated 05.02.2026, it is
12.03.2026 reported that one NGO has been allowed to provide food free
of cost inside the medical campus to the needy people coming
to hospital. That apart with the intervention of the local IIC
Mangalabag Police Station, a place has been identified to
provide free meals to the needy people at the auto stand
adjacent to the SCBMCH, Cuttack, Mangalabag side gate
during night hours.
2. Learned Advocates' Committee had also visited the
spot and reported that an area has been identified that is
presently used as an auto stand, which can be used by NGOs
distributing food at night. The owners of the auto rickshaws at
the said area also agreed to lend support to the cause.
3. The Commissioner, CMC, Ms. Kirandeep Kaur Sahota,
IAS, who appears through virtual mode, also assures this Court
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Mar-2026 21:31:37
that the sanitization and cleaning of the said area shall be done
during third phase of cleaning of SCBMCH campus every day.
4. Dr. Satpathy, Superintendent, SCBMCH, Cuttack
submits that the space available in the rest sheds at SCBMCH
campus is grossly inadequate. But, steps are being taken to
provide some more temporary rest sheds for the
relatives/attendants of the patients.
5. Learned Advocates' Committee conducted a surprise
visit during night hour on 20.02.2026. The Advocates'
Committee also presented video clippings and some
photographs, which revealed that some attendants were
sleeping under the open sky. One of the attendants expressed
that he does not know about the availability of the night
shelters, which are meant for the patient attendants. Thus, it is
reported that proper sensitization and awareness is required for
best utilization of the night shelters available in the campus of
the SCBMCH, Cuttack.
6. Dr. Satpathy, Superintendent, SCBMCH, Cuttack
submitted that adequate signs in English and Vernacular have
been put in place to sensitize the attendants with regard to
availability of the night shelters. After watching the video
clipping, Dr. Satpathy submitted that the night shelter of
surgery department is hardly 20 meters away from the place
where the patient attendants were sleeping. He, however,
submits that at times the patient attendants are reluctant to go
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Mar-2026 21:31:37
to the night shelters and create unwarranted situations, while
persuading them to move to the night shelters.
7. It is however submitted that several attempts are being
made to persuade the patient attendants to take rest in the
available place at night shelters. It is proposed to construct a
temporary shed over the water tank meant for use of the Fire
Department. It is submitted that the temporary rest sheds shall
be constructed after consultation with the fire department.
8. Learned Advocates' Committee shall also take stock of
the situation with regard to the steps taken in persuading the
patient attendants to use the night shelters.
9. The report of the surprise visit of the learned
Advocates' Committee is taken on record.
10. Mr. Nayak, learned Additional Government Advocate
undertakes to supply a copy of this report to Dr. Satpathy,
Superintendent, SCBMCH, Cuttack to respond to the same.
11. Perused the report of surprise visit of learned
Advocates' Committee made on 20.02.2026. It is reported that
the doctor in non-trauma OPD was not available at the time of
the visit. The display board did not reflect the name of the
doctors, contact numbers. A copy of the report is served on Mr.
Nayak, learned Additional Government Advocate in Court
today.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Mar-2026 21:31:37
12. A video clipping showing a sorry state of affairs of the
non-trauma casualty is presented before this Court. Dr.
Satpathy, Superintendent, SCBMCH, Cuttack submits that he
shall verify and respond to the same.
13. Put up this matter on 9th April, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
KRUSHAKA BAZAR
406. 1. This Court perused the report of the City Engineer,
12.03.2026 Cuttack Municipal Corporation.
2. Let the same be filed in the shape of an affidavit
serving a copy thereof on learned Advocates' Committee.
3. Put up this matter on 26th March, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
ISSUE RELATING TO DIFFERENTLY ABLED GIRLS
STUDENTS IN SHAILABALA WOMEN'S AUTONOMOUS
COLLEGE, CUTTACK
Mr. Suresh Kumar Vashishth, IAS, Principal Secretary
407.
12.03.2026 to Government, SS & EPD Department, Government of Odisha
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Mar-2026 21:31:37
and Mr. Kaliprasanna Mahapatra, IAS, Director, Higher
Education Department, Government of Odisha, are present
through virtual mode.
1. Pursuant to Order No.398 dated 26th February, 2026,
the compliance report has been submitted by the Director,
Higher Education, Government of Odisha, Bhubaneswar. The
said report shall form part of this order.
2. It is borne out from the communication of the
Government of Odisha in the department of SS&EPD, vide
Letter No.2675/SSEPD dated 6th March, 2026 that in order to
facilitate the distribution of aids and appliances to persons with
disability (PWD students) studying in the institutions under the
Higher Education Department, an SOP has been framed and
direction has been given for adherence to the same.
For convenience of reference the said SOP is extracted
hereunder:-
"xxx xxx xxx
1. Appointment of District Nodal Officer:
The Higher Education Department is requested to
appoint a District Nodal Officer in each district and share
their contact details with this Department. The District
Nodal Officer shall act as the single point of contact for
the District Social Security Officers (DSSOs) for smooth
coordination and distribution of aids and appliances
among different institutions.
2. Provision of Wheelchairs for Institutional
Accessibility:
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Mar-2026 21:31:37
The District Nodal Officer shall provide the list of
colleges functioning under their respective districts to the
DSSO concerned.
Accordingly, the DSSO shall hand over three (03)
wheelchairs per institution to the District Nodal Officer,
as requested by your Department.
The District Nodal Officer shall subsequently
distribute the wheelchairs among the educational
institutions of the district to facilitate accessibility for
students with disabilities. The transportation costs to be
borne by Department of Higher Education.
3. Collection of List of PwD Students and their
Requirements:
The District Nodal Officer shall furnish college-
wise details of PwD students in the following format:
SI Name Gender Type of % of UDID/ Mobile Address List of Aids &
No. of the Disability Disability Disability No. Aids & Appliances
Student Certificate Appliances Required
No. Received
Previously
(with year)
The DSSO shall verify the details beneficiary-wise
through field-level verification.
Further, the DSSO shall check the availability of
required aids and appliances from the inventory at the
District / Block level, and the available devices shall be
supplied to the District Nodal Officer for distribution
among the identified students.
4. Procurement of Aids and Appliances:
In case the required aids and appliances are not
available in the District / Block inventory, the same may
be enlisted by the DNOs and submitted to DSSOs.
DSSOs to intimate the Department before making any
procurement at their level. The SSEPD Department will
check its inventory status before giving approval to
procure such items at the District level. After seeking
approval from the SSEPD Department these items are to
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Mar-2026 21:31:37
be procured at the district level by the concerned DSSO,
observing the guidelines issued earlier vide Order No.
8722/SSEPD dated 01.08.2025, under intimation to this
Department. It is to inform that this Department has
empowered all District Collectors to procure aids and
appliances up to a limit of Rs.10 lakh per beneficiary for
smart assistive appliances.
In respect of non-availability of other required
Aids and Appliances, the DSSO shall submit District-
wise consolidated requirements to this Department for
taking necessary action.
xxx xxx xxx"
3. It is further stated by the Secretary, SS&EPD that an
amount of Rs.15.00 crores has been sanctioned and transferred
to the Higher Education Department for construction of Special
(disabled friendly) toilets and ramps in all G.I.A. Institutes.
4. It is also submitted by the Secretary, SS&EPD
Department, Government of Odisha and Director, Higher
Education, Odisha that steps are being taken to appoint Nodal
Officers in each districts for smooth and seamless utilization of
the funds.
5. Director, Higher Education Department has assured
this Court that the construction of the Special (disabled
friendly) toilets and ramps in all G.I.A. Institutes are expected
to be completed within a period of two months hence.
6. Progress made in this regard be placed on record by
way of affidavit to be filed by 11.05.2026.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Mar-2026 21:31:37
7. Put up this matter on 13th of May, 2026.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
I.A. No.22709 of 2025 (FLAG-549)
&
I.A. No.22711 of 2025 (FLAG-550)
1. These interim applications have been filed for
12.03.2026 intervention.
2. Put up these matters along with the issues relating to
'Jalasaya' scheduled to be taken up on 19th March, 2026.
(K.R. Mohapatra)
Judge
Himansu/MS
(V. Narasingh)
Judge
