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Orissa High Court
Madhumita Panda vs State Of Odisha & Ors. ..... Opposite ... on 31 March, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.9774 of 2026
Madhumita Panda ..... Petitioner
Represented by Adv. -
M/s. Biren Sankar
Tripathy
-versus-
State of Odisha & Ors. ..... Opposite Parties
Represented by Adv. -
D.K. Sahoo, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
31.03.2026
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel appearing for the Petitioner as well as
learned Additional Government Advocate appearing for the State-
Opposite Parties. Perused the writ application as well as the
documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"The petitioner, therefore, most respectfully prays
that your Lordship may graciously be pleased to admit
this writ application and issue rule NISI to the OPs to
show cause as to why they shall not be directed to
consider the case of the petitioner for approval of her
appointment in the post of Asst. Teacher as against
sanctioned post and release grant in aid in her favour
within a stipulated period;
And on their failing to show cause or showing
insufficient cause, the said rule be made absolute;
And pass such further orders as may be deemed fit
and proper in the facts and circumstances of the case."
4. The factual background reading to filing the present writ
application in short is that the school in question was recognized
vide office order dated 30.03.2008 pursuant to office order dated
30.06.2006 at Annexure-3. The Petitioner was initially appointed as
an Assistant Teacher on 30.03.2008 as per the appointment order at
Annexure-1. While this was the position, on 13.04.2011, the school
was notified as eligible to receive grant-in-aid (Block Grant) as per
the order at Annexure-4 to the writ application. On 08.02.2022, the
Petitioner submitted a representation before the Opposite Party
No.1 with a prayer for acceptance of her candidature as an in-
service candidate for appointment as Assistant Teacher under
Section post in Budhadev Bidyapitha, Hikimput in the district of
Koraput.
5. Learned counsel for the Petitioner further contended that
since no action was taken on the representation of the Petitioner,
the Petitioner was compelled to approach this court by filing
W.P.(C) No.6631 of 2023. A coordinate bench of this court vide
order dated 06.03.2023 disposed of the writ application with a
direction to the Opposite Party No.1 to consider the representation
of the Petitioner within a stipulated period of time and in
accordance with law. While this was the position, the BEO,
Nandapur submitted a factual report to the DEO, Koraput on
10.09.2024. On 29.05.2025, the Director, Elementary Education,
Opposite Party No.2 directed the Opposite Party No.3 to submit
certain documents/ information with respect to the present
Petitioner. Learned counsel for the Petitioner at this juncture
contended that although a specific direction was given in the earlier
writ application by a coordinate bench of this court to consider the
case of the petitioner, however, no decision has been taken by the
Opposite Parties. Being aggrieved by the inaction of the Opposite
Parties, the Petitioner has approached this court by filing the
present writ application.
6. In course of her argument, Learned counsel for the Petitioner
referred to the letter at Annexure-9 of the BEO, Nandapur,
Opposite Party No.4. Referring to the aforesaid letter, learned
counsel for the Petitioner contended that the BEO has informed the
DEO, Opposite Party No.3 that the present Petitioner has obtained
B.Ed degree from Sri Venkateswara University on 08.01.2022 and
that she has submitted representation for consideration as a teacher
under the Grant-in-Aid and the letter further reveals that such
representation has been duly forwarded to the office of Opposite
Party No.3 for consideration. Further contended that despite such
communication by the Opposite Party No.4 to the Opposite Party
No.3, no final steps have been taken. Being aggrieved by the
conduct of the Opposite Parties, the Petitioner has approached this
court with a prayer for a direction to the Opposite Parties as has
been indicated in the prayer of the present writ application.
7. Learned counsel for the State on the other hand contended
that although he has no specific instruction in the matter, however
on a careful examination of the documents annexed to the writ
application as well as the pleadings in the writ petition, it appears
that the case of the Petitioner is still pending before the Opposite
Parties for consideration. In such view of the matter, learned
counsel for the State contended that the present writ application is
premature. He further submitted that in the event this court directs
the Opposite Party No.3 to take a final decision in the matter
strictly in accordance with the rules/ guidelines within a stipulated
period of time, he will have no objection to the same.
8. Having regard to the submissions made by counsels
appearing for the respective parties, on a careful examination of the
background facts as well as the materials on record, further taking
into consideration the nature of the grievance involved in the
present writ application, this Court deems it proper to dispose of the
writ petition at the stage of admission by directing the Opposite
Party No.3 to consider the representation of the Petitioner which is
stated to be pending before him and as is evident from the letter of
the Opposite Party No.4 dated 16.06.2025 at Annexure-9 and
communicate the final decision to the Opposite Party No.4 as well
as to the Petitioner within a period of eight weeks from the date of
communication of a copy of today's order.
9. With the aforesaid observation/ direction, the writ application
stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 31-Mar-2026 19:54:21
