CUTTACK, India, April 27 -- Orissa High Court issued the following order on March 26:

1. This matter is taken up through Hybrid mode.

2. Heard the learned counsel for the Petitioner. Perused the writ petition as well as the documents annexed thereto.

3. By filing the present writ petition, the Petitioner has made the following prayers:- The Petitioner therefore most humbly prays your lordships may be graciously pleased to admit the writ petition, issue a rule nisi to the opp. parties and to show cause as to why:

i. the order of transfer issued by the office of Opp. Party No.2 shall not be quashed as illegal, arbitrary, tainted with mala fide issued without any administrative exigency and violates Article14, Article-16 and Article-21 of the Constitution of India as per Annexure-1.

ii. the order passed by the Opp. Party No.2 as per annexure-1 shall not be quashed as said decision taken by the Opp. Party No.2 is completely arbitrary and misuse of power resulting in causing irreparable injury to the petitioner and amounts to uprootment of the family tree of the petitioner.

iii. the petitioner shall not be allowed to continue in his parent school i.e. Stewart School Cuttack.

AND

On their failing to show cause for showing insufficient cause make the rule nisi absolute.

AND

And/or pass any other order/orders/direction/ directions as this Hon'ble Court may deem fit and proper to secure the ends of Justice."

4. Learned counsel for the Petitioner, at the outset, contended that the Petitioner was initially engaged as an Assistant Teacher by the Management of the Steward School, Cuttack. Learned counsel for the Petitioner further contended that while discharging his duty as an Assistant Teacher, the Petitioner has been transferred by the management of the School. He further submitted that the Petitioner, who is having certain personal difficulties owing to the fact that the father of the Petitioner is suffering from cancer and that presence of the Petitioner is required to take care of his father, challenging his transfer, has already filed an appeal before the Opposite Party No.1 dated 20.03.2026 at Annexure-16 to the writ petition. He further submitted that since no decision has been taken by the Opposite Party No.1, the Petitioner has approached this Court by filing the present writ petition.

5. Learned counsel for the State, on the other hand, contended that the Opposite Party-School is a privately managed educational institution. Therefore, he raised preliminary objection with regard to the maintainability of the writ petition. However, he contended that in view of the appeal pending before the Opposite Party No.1 and since no final decision has been taken thereon, he will have no objection in the event this Court directs the Opposite Party No.1 to dispose of such appeal in accordance with law and within a stipulated period of time.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv8Uz8wi7jxwSf1N9OkoZkfiSkrG%2Feh%2BiWy5LodKHakaM&caseno=WP(C)/9493/2026&cCode=1&cino=ODHC010226522026&state_code=11&appFlag=)

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