IN THE HIGH COURT OF ORISSA AT CUTTACK
Biraja Prasanna Satapathy, J.
Sanjib Kumar Das & Another - Petitioners
Versus
Tata Power Southern Odisha Distribution Limited, Ganjam & Others - Opposite Parties
W.P.(C )No.21514 of 2025
Decided On : 18-08-2025
| Table of Content |
|---|
| 1. hybrid hearings and procedural integrity. (Para 1 , 2 , 3) |
| 2. fresh recruitment process acceptance. (Para 4 , 5 , 6) |
| 3. courts instructing procedural compliance. (Para 7 , 8) |
ORDER :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the parties.
3. Mr. P.K. Tripathy, learned counsel appearing on behalf of Tata Power Southern Odisha Distribution Limited, Ganjam-Opp. Parties produced the instructions provided by the Department vide letter dt. 15.08.2025. The same be kept on record.
4. The present Writ Petition has been filed inter alia with the following prayer:
It is therefore, most humbly prayed that this Hon’ble Court be graciously pleased to:
i) Admit the writ application.
ii) Call for the record.
iii) Issue Rule NISI calling upon the Opp.parties to show cause as to why the impugned order of cancellation of the advertisement dated 25.06.2024 under Annexure: 7 and the impugned order of rejection under Annexure-11 shall not be quashed.
iv) And if the Opp.parties fails to show cause or show insufficient cause, issue a writ in the nature of certiorari or any other writ / writs, direction / directions by quashing the impugned order of cancellation of the advertisement dated 25.06.2024 under Annexure-7 and the impugned order of rejection under Annexure-11.
v) Issue a writ in the nature of mandamus or any other writ/writs, direction/ directions directing the opposite parties to complete the selection terms of the circular dated 04.02.2022 and 10.11.2022 under Annexure- 2 & 3 and give promotion appointment to the petitioners against the post of Jr. Manager (Law) along with all consequential financial and service benefits or in the alternative issue fresh advertisement / circular for recruitment to the post of Jr. Manager (Law) within a reasonable time to be stipulated by this Hon’ble Court.
vi) And/or pass any other order/orders, direction/directions as this Hon’ble Court deems fit and proper for the ends of justice.
And for the said act of kindness, the petitioners as in duty bound shall ever pray.
5. However, in course of hearing, learned counsel appearing for the Petitioners fairly contended that if a fresh recruitment process will be initiated to fill up the post in question, Petitioners’ will have no grievance.
6. Mr. P.K. Tripathy, learned counsel appearing on behalf of the Opp. parties on instruction also fairly contended that after cancelling the earlier advertisement, the Department is in the process to fill up the post in question in a transparent and legally compliance process. It is accordingly contended that after cancelling the advertisement the Department is in process to fill up the post by making a fresh advertisement.
7. Considering the submission made, this Court while disposing the Writ Petition directs the authorities of Tata Power Southern Odisha Distribution Ltd., Ganjam-Opp. parties to take appropriate step to fill up the vacancies, if it is so required at present, by following due procedure of law and by making a fresh advertisement.
8. With the aforesaid objection, the Writ Petition stands disposed of.
The court emphasized the necessity for transparency and compliance with legal procedures in recruitment processes.
A writ petition cannot succeed if the employment notification has been canceled and the selection process has been entrusted to another authority, reflecting the need for compliance with procedural n....
Writ petitions cannot be granted for selection processes that have been cancelled, rendering the petitions infructuous.
The court mandated adherence to established recruitment procedures under Rule 9(A), quashing any conflicting directives to ensure timely fulfillment of the recruitment process as published in the ori....
Point of Law : It is open for the authority concerned not to fill up vacancies but such decision should not be arbitrary or unreasonable.
Candidates do not acquire rights to appointment until they are actually appointed, and the recruitment process can be canceled at the employer's discretion.
(1) When appointment of candidates is a nullity in law making them disentitled to hold posts, principles of natural justice were not required to be complied with, particularly when same would be noth....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.