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2025 Supreme(Online)(Ori) 3181

IN THE HIGH COURT OF ORISSA AT CUTTACK
Dixit Krishna Shripad, J
Md. Usman Khan – Appellant
Versus
State of Odisha – Respondent


Advocates:
For the Appellants/Petitioners:M/s. R.C. Jena & M.Padhi, Mr. B. Bhuyan, Sr. Advocate with Mr. Md. Gulam Madani, M/s. U.C. Mishra, A. Mishra, J.K. Mahapatra, D. Debadarshani & S. Dash, M/s. R.Jena & M. Padhi, M/s. P. Pattnaik, K.N. Muduli, D. Sahoo & S.K. Swain
For the Respondents:Mr. S.K. Jee, Addl. Government Advocate

Table of Content
1. petitions by teachers concerning license revocation. (Para 1)
2. arguments against and for revocation related to discretion. (Para 2 , 3)
3. legal analysis on public office responsibilities. (Para 4)

PER DIXIT KRISHNA SHRIPAD,J

2. Learned advocates appearing for the petitioners vehemently argue that the impugned action is unsustainable, inasmuch as their clients have been discharging the statutory duties, as licensees under the 1949 Act read with 1976 Rules, since years without compromising their duties as teachers; there is absolutely no complaint from any quarters in general and from the community of taught in particular; all of a sudden the impugned decision has been taken on an erroneous assumption to the contrary; there is absolutely no prohibition either in the 1949 Act or in any other statute, including the Conduct Rules, and therefore, the impugned decision in cutting short their rights needs to be voided, coupled with a direction to continue/renew their licenses. Learned advocates took the Court through the provisions of 1949 Act, 1976 Rules & also the Conduct Rules applicable to Government servants.

4. Having heard the learned counsel for the parties and hav

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