High CourtsSingle Bench

Dr. Manamohan Biswal vs State Of Odisha & Ors

Orissa High Court · Decided on 19 January 2022 · Citation: (2022) 01 OHC CK 0123

HON’BLE JUDGES
Dr. B.R. Sarangi, J
CASE NUMBER
Writ Petition (Civil) No. 1315 Of 2022
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Judgment

27 paragraphs · 458 words

Dr. B.R. Sarangi, J

W.P.(C) NO.1315 OF 2022 ANDI.A. NO.635 OF 2022

1.

The matter is taken up through hybrid mode.

2.

Heard Mr. U.C. Mohanty, learned counsel for the petitioner.

3.

The petitioner has filed this writ petition challenging the advertisement bearing No.20/2021-22 issued by the OPSC, so far as Clinical Hematology

discipline is concerned, wherein one post has been advertised in respect of UR category.

4.

Mr. U.C. Mohanty, learned counsel for the petitioner contended that earlier the petitioner had approached this Court by filing W.P.(C) No.17194 of

2021 and while entertaining the writ petition, this Court vide order dated 09.06.2021 passed interim order directing that any action taken pursuant to

advertisement no.11 of 2018-19, so far it relates to the post of Assistant Professor (Super Specialty) in Clinical Haematology Department of Clinical

Haematology, SCB Medical College and Hospital, Cuttack shall abide by the result of the writ petition till 05.07.2021 and the said order was extended

from time to time. Finally, the writ petition was allowed vide judgment dated 25.11.2021 with a direction to the opposite parties to recommend the

name of the petitioner to the State for giving him appointment as Assistant Professor in the Department of Clinical Haematology and the entire

exercise shall be done within a period of two months from the date of communication of the judgment. The judgment having been communicated to

the opposite parties vide letter dated 20.12.2021 under Annexure-7, no action has been taken till date. But, in the meantime, a fresh advertisement

under Annexure-6 has been issued to fill up one post in respect of the Clinical Haematology Department.

5.

Issue notice to the opposite parties.

6.

Two extra copies of the writ petition be served on the learned Additional Government Advocate within three days, as he appears for opposite

parties no.1 & 2 to enable him to obtain instructions or file counter affidavit.

7.

Requisites for issuance of notice to opposite party no.3 by speed post shall be filed within three days. Office shall send notice to the said opposite

party fixing a short returnable date.

8.

As an interim measure, it is directed that one post advertised for Clinical Hematology discipline may not be filled up pursuant to advertisement

issued under Annexure-6, till 10.02.2022.

8.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide

Court’s Notice No.4587 dated 25th March, 2020, as modified by Court’s notice no. 4798 dated 15th April, 2021, and Court’s Office Order

circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

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