Orissa High Court
WP(C)/28256/2026 of SUPRIYA NAYAK Vs STATE OF ODISHA on 8 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.28256 of 2026 CNR No. ODHC010673402026 Supriya Nayak … Petitioner Mr.Pabitra Kumar Dutta, Advocate -Versus- State of Odisha and others … Opposite Parties Mr.Subha Bikash Panda, Addl. Govt. Advocate Mr. Prasanna Kumar Parhi, DSGI
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.28256 of 2026
CNR No. ODHC010673402026
Supriya Nayak
…
Petitioner
Mr.Pabitra Kumar Dutta, Advocate
-Versus-
State of Odisha and others
…
Opposite Parties
Mr.Subha Bikash Panda, Addl. Govt. Advocate Mr. Prasanna Kumar Parhi, DSGI
along with Mr. S.N. Pattnaik, CGC
Mr. R.C. Mohanty, Advocate for DMET & NMC
Mr. Amitav Mishra, Advocate for the OJEE (O.P.3)
CORAM:
THE HON’BLE THE CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.
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ORDER
08.09.2026
02.
1. Though the petitioner has couched the relief in such a fashion that it would invite direct admission to the MBBS Course, 2026, after hearing the respective counsels, we find that the petitioner offered his candidature in the examination as a person suffering from benchmark disability and the guidelines under norms provide that all such persons have to undergo with the examination by the Medical Board before being considered under such category. According to the petitioner, eleven candidates were communicated to appear before the Appellate Board, but the petitioner was not communicated and, therefore, she could not appear.
2. Though the counsel appearing for the OJEE, opposite party no.3 submits that a notification was published inviting all such candidates to appear before the Appellate Board and the petitioner did not offer her candidature, we find that the specific communication should have been made to each of the candidates so as to give them opportunity to undergo the medical examination by the Board. It is not denied that the individual communication has not been made, which necessarily implies that the petitioner was not communicated individually. Once the petitioner has offered her candidature under the PwBD category and has to undergo the medical examination by the Appellate Board, we feel that an opportunity should be given to the petitioner to appear before the Medical Board for an overall assessment of disability in order to be eligible under the said category.
3. We, therefore, direct the Director, Directorate of Medical Education & Training (DMET) to permit the petitioner to appear before the Appellate Board by tomorrow (09.09.2026) and the report shall be immediately communicated to the Odisha Joint Entrance Examination (OJEE). In the event the petitioner is found eligible to offer her candidature under the said disability category, OJEE shall ensure the counselling of the petitioner immediately and all consequential steps required to be taken in this regard shall be ensured. However, in the event the Appellate Board does not find the petitioner eligible to offer her candidature under the said category, the result of the said medical examination shall be communicated to the petitioner within 48 hours therefrom.
4. Accordingly, the writ petition stands disposed of.
(Harish Tandon) Chief Justice
(M.S. Raman) Judge
Aswini
Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary in-charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 08-Sep-2026 15:22:05 Signature Not Verified