*** vs State Of Odisha & Others on 6 May, 2026

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    Orissa High Court

    *** vs State Of Odisha & Others on 6 May, 2026

                     ORISSA HIGH COURT : CUTTACK
    
                         WP(C) No.13709 of 2026
    
    An application under Articles 226 & 227 of the Constitution of
                                India.
    
    
    
                                 ***
    

    Upendra Kumar Behera

    … Petitioner.

    SPONSORED

    -VERSUS-

    State of Odisha & Others
    … Opposite Parties.

    Counsel appeared for the parties:

    For the Petitioner : Mr. S.K. Nath, Advocate

    For the Opposite Parties : Mr. S. Nayak,
    Addl. Standing Counsel.

    P R E S E N T:

    HONOURABLE
    MR. JUSTICE ANANDA CHANDRA BEHERA

    WP(C) No.13709 of 2026 Page 1 of 8
    Date of Hearing : 06.05.2026 :: Date of Judgment : 06.05.2026

    J UDGMENT

    ANANDA CHANDRA BEHERA, J.–

    1. This Writ Petition under Articles 226 and 227 of the

    Constitution of India, 1950 has been filed by the petitioner

    praying for quashing the impugned order No.30 dated

    02.01.2019 (Annexure-5) passed by the Collector-cum-Chief

    Executive Officer, Zilla Parisada (Opp. Party No.2) relating to

    the disengagement of the petitioner from Swechhasevi Sikshya

    Sahayak and to direct the Opp. Parties through issuance of

    Writ of Mandamus for the reinstatement of the petitioner on

    the basis of the Judgment dated 17.06.2025 (Annewxure-6)

    passed in Review Petition No.31/2025.

    2. The case of the petitioner is that, he (petitioner) was

    properly selected as Swechhasevi Sikshya Sahayak as per

    order dated 26.12.2003 of the Opp. Party No.2 and

    accordingly, he (petitioner) had joined on dated 29.12.2003 in

    a primary school as Swechhasevi Sikshya Sahayak under

    WP(C) No.13709 of 2026 Page 2 of 8
    Soroda Block of Bhanjanagar Education District in the

    District of Ganjam.

    When, he (petitioner) was continuing as Swechhasevi

    Sikshya Sahayak, surprisingly, all of a sudden as per Order

    No.30 dated 02.01.2019 (Annexure-5), the Opp. Party No.2

    disengaged him (petitioner) from Swechhasevi Sikshya

    Sahayak without giving him (petitioner) an opportunity of

    being heard.

    To which, the petitioner has challenged by filing this Writ

    Petition praying for quashing the Order No.30 dated

    02.01.2019 (Annexure-5) of his disengagement from

    Swechhasevi Sikshya Sahayak issued by the Opp. Party No.2

    on the basis of the Judgment dated 17.10.2025 passed in

    RVWPET No.31/2025 and to reinstate him.

    3. I have already heard from the learned counsel for the

    petitioner and the learned ASC for the State.

    4. During the course of hearing of this Writ Petition, the

    learned counsel for the petitioner cited the Judgment dated

    17.10.2025 passed by this Court in RVWPET No.31/2025.

    WP(C) No.13709 of 2026 Page 3 of 8

    It appears from the Judgment dated 17.10.2025 passed

    in RVWPET No.31/2025 between Banita Behera Vs. State of

    Odisha & Others that, the petitioner in this Writ Petition is

    similarly placed with the petitioner of the aforesaid disposed of

    RVWPET No.31/2025.

    Because, the Annexure-5, to which, the petitioner has

    challenged in this Writ Petition, the same was also under

    challenge in RVWPET No.31/2025 and like the petitioner, the

    petitioner in RVWPET No.31/2025 was serving as a

    Swechhasevi Sikshya Sahayak on being selected and

    appointed like the petitioner and the petitioner of RVWPET

    No.31/2025 was also disengaged by the Opp. Party No.2 in

    the same letter No.30 dated 02.01.2019 vide Annexure-5 by

    the Opp. Party No.2 like the petitioner, but the disengagement

    of the petitioner in RVWPET No.31/2025 has been quashed as

    per its Judgment dated 17.10.2025.

    5. When the petitioner in this Writ Petition is similarly

    placed with the petitioner in RVWPET No.31/2025, then, as

    per law, the Judgment in this Writ Petition is required to be

    WP(C) No.13709 of 2026 Page 4 of 8
    passed alike to the aforesaid Judgment dated 17.10.2025

    passed by this Court in RVWPET No.31/2025.

    Because, it is the settled propositions of law that, like

    cases are to be decided alike and similarly placed petitioner in

    all the cases are entitled to get the equal treatment without

    any discrimination.

    On this aspect, the propositions of law has already been

    clarified in the ratio of the following decisions:-

    (i) In a case between Ardhendu Sekhar Rath
    and another urs. State of Odisha and others:

    reported in 2019(II) OJR-491 that, Article 14
    of the Constitution of India, 1950 prescribes
    equality before law, law should be deal alike
    with all in one class that, there shall be equity
    of treatment under equal circumstances, which
    means “that equals should not be treated
    unlike and unlike should not be treated alike,
    likes should be treated as alike.”

    (ii) In a case between Dakshin Haryana Bijli
    Vitran Nigam and others urs. Bachan Singh
    reported in 2009(SC)-2745 that, as per Article
    14
    of the Constitution of India, 1950 is that, all
    persons similarly placed shall be treated alike,

    WP(C) No.13709 of 2026 Page 5 of 8
    both in privileges conferred and liabilities
    imposed. Equal laws would have to be applied
    to all in the same situation without any
    discrimination.

    (iii) In a case between Anupama Mallick
    urs. State of Odisha and others decided in
    W.P.(C) No.5813 of 2026 at Para No.6 that,
    like the cases are to be decided alike and arc
    similarly placed entitled to get equal
    applicants/petitioners treatments from the
    Court without any discrimination.

             (iv)    In a case between Manjulata Behera Vs.
             State    of     Odisha   &   Others      decided    on
    

    20.03.2026 in WP(C) No.37539 of 2025 that,
    like cases are to be decided alike and similarly
    placed applicant/petitioner is entitled to get
    equal treatment from the Court without any
    discrimination.

    6. So, applying the principles of law enunciated in the ratio

    of the aforesaid decisions to this matter at hand, it is held

    that, the petitioner in this writ petition being equal with the

    petitioner in the disposed of RVWPET No.31 of 2025, he

    (petitioner) is entitled to get equal treatment/judgment like

    the petitioner in RVWPET No.31 of 2025 and there cannot be

    WP(C) No.13709 of 2026 Page 6 of 8
    any discrimination between them. Because, as per law, the

    persons, those are similarly situated/placed should be treated

    similarly.

    7. Therefore, there is no other alternative for this Court,

    but, to dispose of this writ petition passing similar judgment

    in the line of the judgment dated 17.10.2025 passed in

    RVWPET No.31 of 2025.

    8. Hence, this writ petition filed by the petitioner is allowed.

    The disengagement of the petitioner as per Order No.30

    dated 02.01.2019(Annexure-5) issued by the Collector-cum-

    Chief Executive Officer, Zilla Parishad, Ganjam (Opposite

    Party No.2) is quashed being vitiated for breach of audi

    alteram partem and non-application of mind to the

    advertisement/cohortdistinction with the other similar

    conditions indicated in para no.24 of the judgment dated

    17.10.2025 passed in the earlier RVWPET No.31 of 2025 by

    this Court.

    9. As such, this writ petition filed by the petitioner is

    disposed of finally.

    WP(C) No.13709 of 2026 Page 7 of 8

    Interim order, if any, passed earlier in any of the

    petitions stands vacated.

    (ANANDA CHANDRA BEHERA)
    JUDGE

    High Court of Orissa, Cuttack
    The 06 .05. 2026// Rati Ranjan Nayak/Jagabandhu
    Sr. Stenographer

    Signature Not Verified
    Digitally Signed
    Signed by: RATI RANJAN NAYAK
    Reason: Authentication
    Location: OHC
    Date: 07-May-2026 16:54:26

    WP(C) No.13709 of 2026 Page 8 of 8

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