BHARAT CHANDRA PADHAN vs STATE OF ODISHA
- Court
- Odisha High Court
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 36263 of 2022
( CNR No. ODHC010910392022 )
In the matter of an application under Articles 226 & 227 of the
Constitution of India.
………………
Bharat Chandra Pradhan
…. Petitioner
-versus-
State of Odisha & Anr. …. Opp. Parties
For Petitioner : Mr. K.C. Sahu, Adv.
For Opp. Parties : Mr. C.K. Pradhan, AGA
Mr. S.P. Jena, Adv. (for Intervener)
PRESENT:
THE HON BLE JUSTICE BIRAJA PRASANNA SATAPATHY
’
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Date of Hearing:27.10.2026 & Date of Judgment: 27.10.2026
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Biraja Prasanna Satapathy, J .
1. This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the Parties.
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3. The present Writ Petition has been filed inter alia with the following
prayer:-
“It is, therefore humbly prayed that the Hon'ble Court be graciously
pleased to pass following prayer:-
(i) The Hon'ble Court be pleased to allow this writ petition,
(ii) The Hon'ble Court be pleased to quash the impugned order of
cancellation issued by the Opp. party no-2 vide Annexure-7, dtd.
20.07.2022 so for it relates to recruitment of posts of Senior
Treatment Supervisor (STS) for which the process of recruitment has
already been started and database of the candidates has been
prepared after the interview,
(ii) (a) The Hon'ble Court be pleased to quash the impugned
advertisement dtd. 05.09.2023 under Annexure-9 so far it relates to
recruitment of the post of Sr. Treatment Supervisor (STS) is
concerned.
(iii) The Hon'ble Court be pleased to further direct the Opp. party no-
2 to go ahead with the selection process in respect of recruitment of
the posts of Senior Treatment Supervisor (STS) pursuant to the
advertisement dtd.26.07.2021 under Annexure-5 like recruitment of
other category posts out of the same advertisement by further
considering the case of the petitioner for his appointment as Senior
Treatment Supervisor (STS) within a time bound period for the
interest of justice.
(iv) The Hon'ble Court be pleased to pass any other order(s),
direction(s) as deems fit & proper for the bonafide interest of justice.
And for this act of kindness, the petitioner shall as in duty bound ever
pray;”
4. Learned counsel appearing for the Petitioner contended that pursuant
to the advertisement issued on 26.07.2021 under Annexure-5 by Opp.
Party No.2, Petitioner participated in the selection process as against the
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post of Senior Treatment Supervisor so indicated vide Sl. No.7 of the
nature of the Posts in the advertisement.
4.1. It is contended that even though Petitioner participated in the
selection process in terms of the advertisement so issued on 26.08.2021
and all such posts so advertised were filled up, but the advertisement
only with regard to the post of Senior Treatment Supervisor was
cancelled vide the impugned corrigendum issued on 20.07.2022 under
Annexure-7.
4.2. It is contended that since the recruitment in respect of all the posts,
save and except the post of Senior Treatment Supervisor were filled up
in terms of the advertisement, such an advertisement in respect of the
post of Senior Treatment Supervisor could not have been cancelled
without assigning any reason vide the impugned corrigendum dated
20.07.2022 under Annexure-7.
4.3. It is further contended that after cancelling the advertisement vide
the impugned corrigendum dated 20.07.2022 under Annexure-7, a fresh
advertisement when was issued to fill up the post in question vide
advertisement dated 05.09.2023 under Annexure-9, this Court taking into
account the challenge made in the Writ Petition held that cancellation of
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the earlier advertisement under Annexure-7, shall be subject to result of
the application.
4.4. Not only that vide order dated 23.04.2024, this Court passed further
order by permitting the Petitioner to participate in the selection process
pursuant to the second advertisement issued on 05.09.2023. It is however
contended that since the advertisement basing on which Petitioner
participated in the selection process so issued under Annexure-5 has
been cancelled without assigning any reason, the same requires
interference of this Court and Opp. Party No.2 be directed to publish the
result of the same and provide appointment to the Petitioner, if found
qualified.
5. Learned AGA basing on the stand taken in the counter affidavit, when
supported the cancellation contending inter alia that, such a step was
taken because of the guideline issued by the Mission Directorate on
27.06.2022 under Annexure-B/2, this Court passed the following order
on 31.10.2025.
1. Heard learned counsel appearing for the parties.
“
2. Copy of the consolidated Writ Petition along with all its annexures is
provided to the learned Addl. Standing Counsel in Court.
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3. Since it is contended by the learned counsel appearing for the
Petitioner that pursuant to the advertisement issued on 27.06.2021 under
Annexure-5 all the posts save and except the post of Sr. Treatment
Supervisor were filled up and vide the impugned cancellation order
dt.20.07.2022, the post which was applied for by the Petitioner was
cancelled, this Court directs learned Addl. Standing Counsel to file an
affidavit justifying the reason for such cancellation in respect of a single
post even though in the Advertisement, 15 (fifteen) posts were advertised
to be filled up.
4. As requested by Mr. A. Pati, learned Addl. Standing Counsel, list this
matter in the week commencing 24.11.2025.
5. Interim order passed earlier shall continue till the next date.
”
6. Pursuant to the order passed by this Court on 31.10.2025, a further
affidavit was filed on 06.01.2026 inter alia reiterating the same stand so
taken in the counter affidavit already filed. Relying on the letter issued
by the Mission Directorate on 27.06.2022, a stand was taken that in
terms of the said communication, the advertisement in question so issued
under Annexure-5 was cancelled vide the impugned corrigendum dated
20.07.2022 under Annexure-7.
7. Considering the stand taken in the affidavit dated 06.01.2026, this
Court passed the following order on 27.02.2026:-
“1. This matter is taken up throug h Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. Perused the affidavit dated 06.01.2026 so filed by Opp. Party
No.2 in terms of order dated 31.10.2025.
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4. This Court after going through the said affidavit, is not satisfied
with the stand so taken in Para-6. Learned Addl. Standing Counsel
is directed to obtain instruction as to whether basing on subsequent
guideline issued under Annexure-B/2, criteria for selection can be
changed as the advertisement in question was issued on 26.07.2021.
5. Learned Addl. Standing Counsel is directed to obtain instruction
on the same.
6. As requested by learned Addl. Standing Counsel, list this matter
on 19.03.2026.
7. Interim order passed earlier shall continue till the next date.”
8. In terms of the order dated 27.02.2026, learned AGA produced the
instruction so provided by the Opp. Party No.2 vide his letter dated
10.08.2026. The instruction so provided reads as follows:-
dated
“At the outset, it is humbly submitted that the advertisement
27.06.2021, issued for various posts under National Health Mission,
Malkangiri as annexed in Annexure-5 of the W.P.(C) No. 36263 of 2022,
was acted upon and the selection process in respect of all the advertised
posts was completed, except for the post of Senior Treatment Supervisor
(STS) pursuant to Advertisement dated 26.07.2021. Objections were also
invited in respect of the said post of STS. In the meantime, revised
guidelines were received by the CDM&PHO, Malkangiri, which have
been annexed as Annexure-B/2 of the Affidavit dated 06.01.2026 filed by
Opposite Party No. 2 CDM &PHO,Malkangiri. In the meantime, this
Hon'ble Court, vide order dated 23.04.2026 passed in W.P.(C) No. 36263
of 2022, was pleased to permit the petitioner to participate in the
recruitment process pursuant to Advertisement dated 05.09.2023. Thus,
the Hon'ble Court had permitted the petitioner to participate in the
recruitment process under the revised advertisement. However, despite
having been granted such opportunity, the petitioner failed to submit his
application and the requisite documents pursuant to the Advertisement
dated 05.09.2023 for the post of Senior Treatment Supervisor (STS)
during the stipulated time period given by the Hon'ble apex Court.
It is also submitted that, in the meantime, the order dated 23.04.2024
passed by this Hon'ble Court in W.P.(C) No. 36263 of 2022 and L.A. No.
14637 of 2023 had already been complied with by Opposite Party No. 2
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by passing a reasoned and speaking order vide Order No. 5329 dated
04.06.2024 attached in (Annexure 1) as enclose.
It is further submitted that the reason for cancellation of the earlier
recruitment process was due to the publication of revised guidelines by
the competent authority and the period of the earlier advertisement had
also exceeded one year. Accordingly, the earlier recruitment process was
cancelled and a revised advertisement was issued dated 05.09.2023.
This is for favour of kind information and taking necessary action at your
end.”
9. Learned AGA accordingly contended that since the advertisement so
far as the post of Senior Treatment Supervisor is concerned has been
cancelled vide the impugned corrigendum dated 20.07.2022 under
Annexure-7 relying on the communication issued by the Mission
Directorate on 27.06.2022 under Annexure-B/2 to the counter affidavit,
no illegality or irregularity can be found with the same.
9.1. It is further contended that since Petitioner pursuant to the order
passed by this Court on 23.04.2024, has participated in the selection
process, pursuant to the subsequent advertisement issued under
Annexure-
9, Petitioner’s claim will be considered, if he has qualified in
terms of the subsequent advertisement issued under Annexure-9.
10. Mr. S. Jena, learned counsel appearing for the Intervener-Petitioner
contended that in the first advertisement issued on 26.04.2021 under
Annexure-5 as against the post of Senior Treatment Supervisor, two (2)
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posts were shown vacant and Petitioner is one of the Claimant as against
those two posts. But in advertisement dated 05.09.2023 under Annexure-
9, the vacancy was indicated at three (3) and in the said recruitment
process, intervener Petitioner was permitted to appear the viva-voce test.
But final select list, has not been published taking into account the nature
of the interim order passed in the Writ Petition.
10.1. It is accordingly contended that since one more vacancy was shown
in the second advertisement issued on 05.09.2023, there will be no
difficulty, if this Court allows the Writ Petition and so also direct the
authority to publish the result of the recruitment process as against the
post of Senior Treatment Supervisor pursuant to the subsequent
advertisement issued on 05.09.2023 under Annexure-9.
11. Having heard learned counsel for the Parties and considering the
submission made, it is found that pursuant to the advertisement issued by
Opp. Party No.2 on 26.07.2021 under Annexure-5, Petitioner
participated in the recruitment process as against the post of Senior
Treatment Supervisor. As found two posts were advertised as against the
post of Senior Treatment Supervisor. Even though Petitioner participated
in the said recruitment process, but when the advertisement in respect of
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said post was cancelled with issuance of the impugned corrigendum
dated 20.07.2022 under Annexure-7 and a fresh advertisement was
issued on 05.09.2023 under Annexure-9, challenging the same, the
present Writ Petition was filed.
11.1. As found this Court vide order dated 04.01.2023, while directing
the State counsel to obtain instruction in the matter, observed that
cancellation of the advertisement under Annexure-7 shall be subject to
the result of the Writ application. Subsequently, vide order passed on
23.04.2024, this Court permitted the Petitioner herein to participate in the
selection process, pursuant to the second advertisement issued on
05.09.2023. While permitting the Petitioner to participate in the
subsequent recruitment process, this Court observed that, post of Senior
Treatment Supervisor in terms of the said advertisement shall not be
finalised and filled up without leave of this Court.
11.2. As found the impugned corrigendum dated 20.07.2022 under
Annexure-7 has been issued by Opp. Party No.2, without assigning any
reason whatsoever. It is the view of this Court that since no reason was
assigned while cancelling the advertisement vide the impugned
corrigendum, stand taken in the counter affidavit and so also in the
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additional affidavit that relying on the communication issued by the
Mission Directorate on 27.06.2022, the impugned corrigendum was
issued, cannot be accepted in view of the decision of the Apex Court in
the case of Mohinder Singh Gill & Another vs. The Chief Election
Commissioner, New Delhi & Others reported in A.I.R 1978 SC-851.
Hon’ble Apex Court in Para 8 of the said decision has held as follows.
“8. The second equally relevant matter is that when a statutory
functionary makes an order based on certain grounds, its validity
must be judged by the reasons so mentioned and cannot be
supplemented by fresh reasons in the shape of affidavit or otherwise.
Otherwise, an order bad in the beginning may, by the time it comes to
court on account of a challenge, get validated by additional grounds
later brought ,out. We may here draw attention to the observations
of Bose J. in Gordhandas Bhanji (AIR 1952 SC 16 (at p.18):
"Public orders, publicly made, in exercise of a statutory authority cannot
be construed in the light of explanations subsequently given by the officer
making the order of what he meant, or of what was in Ms mind, or what
he intended to, do. Public orders made by public authorities are meant to
have public effect and are intended to effect the actings and conduct of
those to whom they are addressed and must be construed objectively with
reference to the language used in the order itself."
Orders are not like old wine becoming better as they grow older:
A Caveat”.
”
11.3. It is also the view of this Court that since the advertisement was
issued on 26.07.2021, relying on the communication issued on
27.06.2022 under Annexure-B/2, no such action could have taken to
cancel the advertisement as against the post of Senior Treatment
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Supervisor and that too when all other posts in terms of the said
advertisement were filled up.
11.4. In view of the aforesaid analysis, this Court is of the view that
cancellation of the advertisement dated 26.07.2021 under Annexure-5 as
against the post of Senior Treatment Supervisor, so issued vide the
impugned corrigendum dated 20.07.2022 under Annexure-7 cannot
sustain legal scrutiny.
11.5. Accordingly, this Court is inclined to quash the impugned
corrigendum dated 20.07.2022 so issued under Annexure-7 and quash
the same accordingly. While quashing the same, this Court directs Opp.
Party No.2 to publish the result as against the post of Senior Treatment
Supervisor of the advertisement dated 26.07.2021 and if on such
publication, it will be found that Petitioner has qualified, consequential
action be taken to provide appointment to the Petitioner as against the
said post. This Court directs Opp. Party No.2 to complete the entire
exercise within a period of six (6) weeks from the date of receipt of this
order.
11.6. However, it is observed that since the vacancy as against the post
of Senior Treatment Supervisor in the subsequent advertisement dated
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05.09.2023 under Annexure-9 has been shown at three (3), as against the
vacancy shown in the advertisement dated 26.07.2021 under Annexure-5
at two (2), this Court observe that Opp. Party No.2 after complying the
direction in the case of the Petitioner so directed hereinabove, can take
appropriate step to fill up the residue vacancy in terms of the
advertisement issued on dated 05.09.2023 under Annexure-9 by
publishing the result thereof.
12. With the aforesaid observation and direction, the Writ Petition along
with all interim applications stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
Orissa High Court, Cuttack
th
Dated the, 27 October, 2026/Jyoti
Signature Not Verified
Digitally Signed
Signed by: JYOTIPRAVA BHOL
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 31-Oct-2026 10:48:54
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