SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Ori) 892

IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, CJ., MURAHARI SRI RAMAN, J.
State of Odisha and others – Appellants
Versus
Supriya Kar and others – Respondents
W.A. Nos.138, 125, 132, 134 and 139 of 2025
Decided On : 10-09-2025

Advocates Appeared:
For the Appellants :Mr. Saswat Das, Additional Government Advocate
For the Respondents:Mr. Pradipta Kumar Mohanty, Senior Advocate assisted by Ms. K. T. Mudali, Advocate, Mr. Durgesh Narayan Rath, Advocate and Mr. Monomay Basu, Advocate.

Recruitment processes must adhere to rules in effect at initiation; any changes during the process violate natural justice and fairness principles.

Headnote:(A) Odisha Pharmacist Service (Methods of Recruitment and Conditions of Service) Rules, 2015; Odisha Pharmacist Service (Methods of Recruitment and Conditions of Service) Rules, 2019; Constitution of India - Article 14 and 16 - Termination of service - Appeal against the lower court decision allowing re-engagement of the petitioners whose termination was based solely on a newspaper clipping alleging irregularities. The core issue was whether termination without a show-cause notice violated the principles of natural justice and established rules. The court found the State could not dismiss employees based solely on a media report without corroborative evidence. (Paras 5, 10)

(B) Natural Justice - Necessity for show-cause notice and opportunity of hearing before termination of services. (Paras 5, 10)

Facts of the case:
The petitioners were appointed based on recruitment rules effective at the time of their selection. Termination orders issued based on a newspaper article raised questions of legality and fairness.

Findings of Court:
The court upheld that recruitment process rules apply at the time of advertisement and cannot be retroactively altered by subsequent regulations.

Issues: Whether the Government could terminate service without providing notice and emphasizing compliance with rules in force at the time of recruitment.

Ratio Decidendi: The court emphasized adherence to rules applicable at the time of recruitment - once the process starts, it cannot be changed mid-way.

Result: Appeals dismissed. The time frame for re-engagement was extended by two months.

Table of Content
1. condonation of delay in filing appeals (Para 1 , 2)
2. challenges to composite judgment with common issues (Para 3 , 4)
3. termination of service without due process is contentious (Para 5 , 6)
4. existing rules bind recruitment process despite new rules (Para 7)
5. legal precedents on applicability of recruitment rules (Para 9)
6. awareness of legal principles ensures fair recruitment (Para 10)
7. media's role in legal decision-making requires responsibility (Para 11)
8. appeals dismissed; timelines for reengagement extended (Para 13)

JUDGMENT :

HARISH TANDON, CJ.

I.A. No.266 of 2025, I.A. No.249 of 2025, I.A. No.253 of 2025 & I.A. No.279 of 2025 arising out of W.A. No.125 of 2025, W.A. No.132 of 2025, W.A. No.134 of 2025 and W.A. No.139 of 2025 respectively.

1. The aforementioned applications are filed for condonation of delay in filing the respective appeals beyond the statutory period of limitation provided therefor.

2. Several appeals are filed challenging the common judgment and order disposing of several writ petitions filed by the respective writ petitioners and one or more matters have already been admitted for final disposal. Since the said common judgment is challenged in several appeals filed by the State, it would be necessary to avoid any discrepancies and/or conflict in decisions to operate the instant appeals be also heard along with the other appeals, which have already been admitted.

3. Apart from the same, we have perused the averments made in these applications, which prevented the appellants to file the appeals within the statutory period of limitation and found the same to be satisfactory and, therefore, the applications for condonation of delay are allowed. The delay in filing the appeals is hereby condoned.

W.A. Nos.138, 125, 132, 134 and 139 of 2025

4. The instant writ appeals are filed by the State assailing the common judgment dated 26th April, 2024 passed by the Single Bench disposing of several writ petitions filed by the respective writ petitioners as the common question of law was involved therein. Since the challenge is made to a composite judgment disposing of the several writ petitions, separate writ appeals are filed and in order to avoid the prolixity of repetitions, we decide to dispose of the aforesaid writ appeals analogously.

5. The core issue involved in the instant writ appeals is, whether the Government can disengage or terminate the service of the respective writ petitioners without issuing show-cause notice or giving an opportunity of hearing and above all, on the basis of a newspaper clipping, where the correspondent alleges several irregularities and/or illegalities in the recruitment process.

6. Before we proceed to decide the issue, it would be apposite to adumbrate the salient facts emerged from the record. Pursuant to the advertisement No.13, dated 29th November, 2017 issued through Office of the Chief District Medical Officer, Angul for appointment of the candidates in different categories/posts, the writ petitioners offered their candidature and were selected for appointment. In fact, the appointment was made on 17th June, 2020 and 31st May, 2021 respectively. It is not in dispute that on the day when the process for filling up of the posts mentioned in the advertisement was initiated, the Odisha Pharmacist Service (Methods of Recruitment and Conditions of Service) Rules, 2015 (for short, “the Rules, 2015’) was in vogue. Since a report was published in the newspaper “the Sambad” on 7th September, 2021 raising the questions on the illegalities and irregularities committed in the said recruitment process, the Health and Family Welfare Department, Government of Odisha issued the letter dated 11th November, 2021 terminating and/or disengaging all such appointments given during the period from 13th March, 2019 to 2021 as the same violates provisions laid down in the Cadre Rules in force. The said letter of termination was challenged by the respective writ petitioners before the

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top