Authority

High Court of Odisha, Cuttack

Order Date

18 September 2026

Case Overview

  • Petitioner: Dr. Anubha Mohanty, Assistant Surgeon, Health & Family Welfare Department, Government of Odisha.
  • Opposite Party No.1: State of Odisha & others; Respondent: Mr. P.K. Sahoo, Assistant Secretary, concerned department.
  • Petition: W.P.(C) No. 27340 of 2026 seeking quash of rejection letter No. 21492/H dated 10.08.2026 and direction to issue NOC for Senior Resident posting in the Department of Paediatrics, ESIC Medical College & Hospital, Bhubaneswar.
  • Background: Dr. Mohanty received NOC (letter dated 18.11.2025) to undertake SRship at AIIMS, Bhubaneswar for 44 days (letter dated 27.02.2026). AIIMS posting ends 23.09.2026 with no extension. She was selected for SRship at ESIC Medical College & Hospital, Bhubaneswar (advertisement dated 24.07.2026, result published 19.08.2026).
  • State’s Position: Rejection of NOC on the ground that ESIC Medical College & Hospital is not listed among institutions where a state‑employed Assistant Surgeon may prosecute SRship.
  • Petitioner’s Argument: Denial would deprive her of the required one‑year SRship, prejudice future appointment as Assistant Professor, and she offered an undertaking to continue service with the State after completion.

Final Outcome

  • The Court held that ESIC Medical College & Hospital, Bhubaneswar, established this year, is a reputable institution and granting the NOC would not prejudice either party.
  • Directed the State (Opposite Party No.1) to issue the NOC and a relieve order to the petitioner by 19 September 2026.
  • Ordered the Assistant Secretary to provide a copy of this order to the State for compliance on the same day.
  • Noted that the order is passed on special circumstances and shall not be treated as precedent for similar cases.
  • Consequently, the writ petition is disposed of.

Topics

Legal Dispute, Healthcare Employment