Orissa High Court
WP(C)/6083/2026 of PRADIP KUMAR DORA Vs UNION OF INDIA on 10 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6083 of 2026 CNR No. ODHC010137442026 1) Pradip Kumar Dora ..... Petitioners 2) Premananda Dora Represented by Adv. Ms. Deepali Mahapatra -versus- Union Of India and Others ..... Opposite Parties Represented by Adv. – Mr. G. Mohanty, SC
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.6083 of 2026
CNR No. ODHC010137442026
1) Pradip Kumar Dora
.....
Petitioners
2) Premananda Dora
Represented by Adv. Ms.
Deepali Mahapatra
-versus-
Union Of India and Others
.....
Opposite Parties
Represented by Adv. –
Mr. G. Mohanty, SC
Mr. P.K. Parhi, DSGI with
Ms. Pratima Nayak, CGC
CORAM:
MR. JUSTICE SASHIKANTA MISHRA
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ORDER
10.09.2026
1. This matter is taken up through hybrid mode.
2. Heard Ms. D. Mohapatra, learned counsel for the petitioners; Mr. G. Mohanty, learned Standing Counsel for the State and Mr. P.K. Parhi, learned Deputy Solicitor General with Ms. Pratima Nayak, learned Central Government Counsel for Union of India.
3. The petitioner has approached this Court with the following prayer:
“It is therefore, prayed that this Hon’ble Court may graciously be pleased to issue rule NISI to the opposite parties and if the opposite parties fail to show cause or shown insufficient cause make the said rule absolute by directing the opposite parties to make amendment to the State List of SEBC of Odisha in Entry No.169 as per the Entry 163 as per the resolution dt.04.04.2000 of Central List; And further be pleased to pass any other order/orders as this Hon’ble Court deems fit and proper.
4. In course of the hearing, Ms. Mohapatra draws attention of this Court to the Law Department Notification dated 30.10.2023 notifying the Odisha State Commission for Backward Classes (Amendment) Act, 2023 (in short Order No. 05
Page 2 of 2. ‘2023 Act’). Ms. Mohapatra particularly refers to the amendment of Section-9 of the original Act with insertion of the following sub-Section. “(3) Notwithstanding anything contained in sub-section (1), the State Government, may, by notification, include such backward classes in the List, if the said backward classes have been specified in the Central list in relation to the State of Odisha”.
It is submitted that the State of Odisha, basing on the 2023 Act has included some entries following the central list of other backward classes.
5. Mr. P.K. Parhi, learned DSGI appearing for the Union of India submits that the Union of India has no role of play in the matter as the decision in this regard shall be taken by the State Government.
6. Mr. Mohanty, learned counsel appearing for the State submits that so far, no decision has been taken to include sub-caste under the Telenga Community under the Other Backward Classes.
7. Considering the submissions and the materials on record, this Court feels that it is for the State Government to decide whether to accept or follow the Central Notification by issuing appropriate notification in terms of the provisions of the 2023 Act.
8. In such view of the matter, the writ application is disposed of granting liberty to the petitioners to approach the opposite party No.2 by submitting a detailed representation within two weeks from today. If such representation is submitted, the opposite party No.2 shall consider the same in accordance with law and specifically taking note of the Central Government notification already issued in terms of the amended provision of 2023 Act.
(Sashikanta Mishra)
Judge
A.K. Rana Digitally Signed Signed by: AJAYA KUMAR RANA Designation: P.A. Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Sep-2026 17:34:47 Signature Not Verified