STATE OF ODISHA vs LAXMAN SARBHANG
- Court
- Odisha High Court
IN THE HIGH COURT OF ORISSA AT CUTTACK
RVWPET No. 165 of 2026
CNR No. ODHC010554902026
RVWPET No. 166 of 2026
CNR No. ODHC010554932026
RVWPET No. 167 of 2026
CNR No. ODHC010554922026
RVWPET No. 169 of 2026
CNR No. ODHC010554892026
(Applications under Order-XLVII Rule-l of CPC for review of
Judgment dated 06.02.2025 passed in WP(C) No. 13017 of
2018 & Batch)
RVWPET No. 165 of 2026
State of Odisha & Ors. ....... Petitioners
-Versus-
Laxman Sarbhang and Others. ....... Opposite Parties
RVWPET No. 166 of 2026
State of Odisha & Ors. ....... Petitioners
-Versus-
Laxman Sarbhang and Others. ....... Opposite Parties
RVWPET No. 167 of 2026
State of Odisha & Ors. ....... Petitioners
-Versus-
Biswaranjan Panigrahi ....... Opposite Party
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RVWPET No. 169 of 2026
State of Odisha & Ors. ....... Petitioners
-Versus-
Suratha Suna & Ors. ....... Opposite Parties
_______________________________________________________
For Review Petitioners : Mr. S.N. Patnaik,
Addl. Government Advocate
Mr. J. Gupta, Advocate
For Opp. Parties
: None
CORAM:
JUSTICE SASHIKANTA MISHRA
JUDGMENT
13.11.2026
SASHIKANTA MISHRA, J. The State is the petitioners in all
these applications. It seeks review of the judgment dated
06.02.2025 passed by this Court in W.P.(C) No. 21256 of
2021 and batch of cases, whereby the Comprehensive
Guidelines dated 06.04.2018, insofar as they provided for
application of the ORV Act and the Rules framed thereunder
to the engagement of Gram Rozgar Sevaks (GRSs), along
with the consequential advertisement, were interfered with.
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2. Bereft of unnecessary facts, the case of the
petitioner is that the Odisha Reservation of Vacancies in
Posts and Services (for Scheduled Castes and Scheduled
Tribes) Amendment Act, 2023, which came into force with
effect from 19.08.2023, amended Section 3 of the ORV Act
by inserting Sub-Section (2), thereby extending the
applicability of reservation to tenure, contractual and
schematic posts which are to be regularised against
sanctioned posts. However, the amendment could not be
brought to the notice of this Court at the time of
adjudication of the writ petitions. It is stated that the
amended provision has a bearing on the issue of
applicability of reservation to the engagement of GRSs and,
therefore, warrants review of the judgment dated
06.02.2025.
3. Heard Mr. S.N. Patnaik, learned counsel for the
Review Petitioner-State, and Mr. J. Gupta, learned counsel
appearing for the persons affected by the judgment sought
to be reviewed. Though notice was duly served on the
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opposite parties, who were the writ petitioners in the
aforesaid writ petitions, none of them entered appearance.
4. Mr. Patnaik would argue that the amendment to
Section 3 of the ORV Act has materially altered the statutory
position by extending the applicability of reservation to
tenure, contractual and schematic posts which are to be
regularised against sanctioned posts. He submits that the
amendment, having come into force on 19.08.2023, was
inadvertently not brought to the notice of this Court during
hearing of the writ petitions. He further submits that
following the absorption of GRSs into the cadre of
Accountant-cum-Data Entry Operators, 5,484 posts of GRSs
are lying vacant against the total sanctioned strength of
6,794 posts. He also draws attention of this Court to the fact
that advertisements for engagement of GRSs were issued by
three districts prior to 19.08.2023, whereas twenty-three
districts issued advertisements after the said date.
According to him, the above recruitment processes in the
said twenty-three districts are required to be considered in
the light of the amended provisions of the ORV Act. He,
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therefore, submits that the judgment under review requires
modification so that the same does not create any
impediment or confusion in proceeding with the above
recruitment.
5. Mr. Gupta would argue that the persons
represented by him are concerned with the consequences
flowing from the judgment dated 06.02.2025. He further
submits that the recruitment processes initiated pursuant to
advertisements issued by the twenty-three districts is
required to be considered in the light of the amended
provisions of the ORV Act.
6. Having considered the submissions advanced
on behalf of the Review Petitioner and the materials on
record, this Court finds that the notification dated
07.11.2023, having a bearing on the issue involved, was not
brought to the notice of this Court at the time of
adjudication of the writ petitions. The judgment under
review primarily dealt with the validity of the Comprehensive
Guidelines dated 06.04.2018 and the consequential
advertisements dated 30.06.2018 and 24.03.2021. The effect
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of the amendment to the Odisha Reservation of Vacancies in
Posts and Services (for Scheduled Castes and Scheduled
Tribes) Act, 1975, which came into force on 19.08.2023, not
being raised by any party, was not considered.
7. It is brought to the notice of this Court that
advertisements for engagement of Gram Rozgar Sevaks were
issued by three districts prior to 19.08.2023, whereas
twenty-three other districts issued advertisements
subsequent thereto. Obviously, the recruitment processes
initiated pursuant to the subsequent advertisements stand
on a different statutory footing in view of the amendment to
Section 3 of the ORV Act by insertion of sub-section (2),
which extends reservation to tenure, contractual and
schematic posts required to be regularised against
sanctioned posts. Since the effect of the amendment and the
notification dated 07.11.2023 was not considered in the
judgment under review, it has resulted in a general direction
being issued that is, affecting all advertisements without
distinguishing between those issued prior to 19.08.2023 and
those, after it. Accordingly, a modification is deemed
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necessary to ensure that the judgment under review does
not cause any confusion with regard to advertisements
issued after 19.08.2023.
8. In view of the above, this Court is of the
considered opinion that the review applications deserve to be
allowed.
9. Accordingly, the review applications are allowed
to the extent of modifying the judgment dated 06.02.2025
passed by this Court in W.P.(C) No. 21256 of 2021 and
batch of cases to insert a new paragraph being Paragraph-
29-A and to substitute Paragraph-30 thereof, as follows:
29-A. Having held as above, this Court takes note of the
“
amendment effected to the ORV Act by the Odisha
Reservation of Vacancies in Posts and Services (For
Scheduled Castes and Scheduled Tribe Amendment Act.
2023 whereby a clause being clause under Sub-section (1)
and a sub-section, being sub section (2) were inserted. The
amended provisions are reproduced below:
“(2) Notwithstanding anything contained in sub-
section (1), reservation shall apply to
appointment made or to be made to all tenure
posts or contractual posts or Schematic posts
which are to be regularised against the
sanctioned posts.”
As per sub-section (2) of Section 1 of the Amendment Act,
the same shall be deemed to have come into force on the
19th day of August, 2023.
30. From the above narration, it follows that till
19.08.2023, there was no enabling provision in the ORV
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Act to extend the benefit of reservation to schematic, tenure
or contractual posts. As a natural corollary, it must also be
held that the benefit of reservation as conferred by the
amendment to the ORV Act could not have been extended
to engagements before such amendment came into force, it
being prospective in operation. Hence, as already held by
this Court, the impugned comprehensive guidelines dtd.
06.04.2018 in so far as it relates to making the provisions
of the ORV Act strictly applicable in case of engagements
made prior to 19.08.2023, cannot be sustained in the eye
of law. Consequently, the advertisement dated 30.06.2018
providing for reservation in respect of all the 19 vacancies
also cannot be sustained. It is however, clarified that
advertisements issued on or after 19.08.2023 shall be
governed by the prevailing law, that is, in conformity with
the amended provisions of the ORV Act discussed above.”
…..……….…………….
Sashikanta Mishra,
Judge
Orissa High Court, Cuttack,
th
The 13 November, 2026/A.K. Rana, P.A.
Signature Not Verified
Digitally Signed
Signed by: AJAYA KUMAR RANA
Designation: P.A.
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 13-Nov-2026 15:18:56
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