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Orissa High Court
Dr. Ashish Kumar Barik vs State Of Odisha And Others .... Opposite ... on 13 March, 2026
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.19298 of 2024 and batch
Dr. Ashish Kumar Barik .... Petitioner
(in W.P.(C) No.19298 of 2024)
Mr. Sameer Kumar Das, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Saswat Das, Addl. Govt. Advocate
Dr. Rosalin Kar .... Petitioner
(in W.P.(C) No.21238 of 2024)
Mr. Jagdish Biswal, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Saswat Das, Addl. Govt. Advocate
Dr. Lokanath Garhnayak .... Petitioner
(in W.P.(C) No.19383 of 2024)
Mr. Sourya Sundar Das, Senior Advocate along with
Ms. Soma Modi, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Saswat Das, Addl. Govt. Advocate
Dr. Neelima Katti .... Petitioner
(in W.P.(C) No.19360 of 2024)
Mr. Sameer Das, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Saswat Das, Addl. Govt. Advocate
Dr. Angurbala Dhal .... Petitioner
(in W.P.(C) No.19384 of 2024)
Mr. Sourya Sundar Das, Senior Advocate along with
Ms. Soma Modi, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Saswat Das, Addl. Govt. Advocate
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
13.03.2026
10. On 09.08.2024, this Court passed the following interim order in
I.A. No.10420 of 2024:
"1. Heard Mr. Das, learned counsel for the petitioner.
2. Instant petition is filed by the petitioner for staying
operation of the Government notification under Annexure-
15 pending response of the State.
3. Pending response of the State, this Court, as an interim
measure, in view of Annexure-10, directs that there shall be
status quo maintained as on today till the next date.
4. List on the date fixed."
2. Shri Saswat Das, learned Additional Government Advocate
submitted that the Government has shown inclination to mitigate
the difficulties faced by the petitioner-writ petitioners. Referring to
written instruction dated 15.01.2026 imparted by Commissioner-
cum-Secretary to Government in the Department of Health &
Family Welfare, he submitted that the Government has brought
out certain suggestions in order to address the issues raised in the
writ petition. The said instruction inter alia contained the
following:
"***
Thereafter, representations were received for considering their
promotion.
Basing on those representations, views of DMET Odisha was
obtained. The DMET, Odisha intimated that:
In 2010, the Dental wing of SCB MCH Cuttack (functioning
as per MCI) was converted to SCB Dental College Cuttack
(as per DCI), and the existing sanctioned posts of the
Dental Wing were divided to form nine independent
Departments.
Also, advertisement was floated after 2010 to recruit faculty
in nine different disciplines. Subsequent to such
recruitment, the faculties have been promoted to the next
higher posts in the same nine disciplines to comply with
deficiencies as per DCI. All the promotions made till date
after 2013, i.e., after departmental segregation, are done in
the concerned dental discipline as per DCI norms.
As the SCB Dental College is guided by DCI, deficiencies
pointed out by DCI during assessment have been complied
and accordingly undertakings have also been submitted.
The existing faculties have already been shown before the
Assessors of DCI, and removing them will lead to a faculty
deficit, and the DCI may withdraw the permission for a
Dental College.
Because of the above, promotion may be given to the
eligible dental faculty where there is a vacancy. In other
cases, Time Bound Career Advancement may be granted
to faculties eligible for promotion.
Basing on the views of DMET, Odisha although the Department is
willing to consider their prayers, it is constrained from proceeding
further due to the interim orders of the Hon'ble High Court
directing maintenance of status quo.
In view of the above, necessary steps may kindly be taken for
vacation of the stay orders to enable the Department to take
further action in this regard."
3. The said instruction, copies of which are handed over to counsel
appearing for the aforesaid writ petitioners, is taken on record.
4. In view of certain developments having occurred during pendency
of the writ petitions, list this matter on 20th March, 2026 to be
taken up as the first case when this Bench assembles.
5. Interim order passed earlier shall continue till the next date.
However, it is clarified that in view of instruction dated
15.01.2026 as placed on record, the interim order passed in the
present batch of matters shall not restrain the authority
concerned/Government to take appropriate decision to redress the
difficulties enumerated in the writ petitions as well as the
representation(s), but such decision, if any, is taken shall not be
given effect to without leave of this Court. It is, therefore, directed
that the Additional Government Advocate shall produce a copy of
such decision in a sealed cover on the next date.
(M.S. Raman)
Judge
Aswini
Signature Not
Verified
Digitally Signed
Signed by: ASWINI KUMAR
SETHY
Designation: Personal Assistant
(Secretary-in-charge)
Reason: Authentication
Location: ORISSA HIGH
COURT, CUTTACK
