ORISSA HIGH COURT ISSUES ORDER ON SADANANDA PATI AND ORS. V/S STATE OF ODISHA AND ORS.

CUTTACK, India, April 6 -- Orissa High Court issued the following order on March 5:

1. Heard learned counsel for the Appellants as well as learned counsel for the State. Perused the appeal memo as well as the prayer made therein.

2. By filing the present appeal under Section 24-C of the Orissa Education Act, 1969, the Petitioners who was the Appellants before the Odisha State Education Tribunal in GIA Case No.452 of 2013 has approached this Court thereby challenging the final judgment/order dated 23.08.2018.

3. The factual background of the case as is borne out from the 3rd paragraph of the appeal memo is quoted herein below.

"3. That, Andhaipally High School at Village Andhaipally in the district of Bhadrak was established in the year 1983 and after established of the school, the recognition was sought for opening of Class -VIII and the Director of Secondary Education, Odisha in pursuance of the Education & Youth Service Department vide letter .No.44362 dtd.24.09.1983 accorded provisional recognition for opening of Class -VIII.The Director of Secondary Education vide Office order No.41031 dtd.i9.11.1983 intimated. about the said recognition of the school of Class -VIlI. Thereafter ,the Board of Secondary Education, Orissa /Cuttack vide order No.13861 dtd.24.12.1983 accorded recognition to the school for presenting its 15* batch of candidates in Annual High School Certificate Examination, 1984 and since then the school has been regularly presenting its candidates in the HSC Examination regularly without any interruption. It is pertinent to mention here that the school is only one High School in the Gram Panchayat having more than 6000 population. A copy of the Office order No.41031 dtd.19.11.1983 of the Director of Secondary Education, Odisha and order No.13861 dtd.24,12.1983 of the Board of Secondary _Education, Orissa are annexed herewith as ANNEXURE- 1 & 2 respectively."

4. Learned counsel for the Appellants at the outset contended that the Government of Odisha vide Resolution No.9760/SME dated 17.03.1979 introduced the principles of grant-in-aid to NonGovernment Aided High School. Such principles were modified from time to time vide different Government Resolutions. Accordingly, the appellants presented the candidature for the year, 1983-84, 1984-85, 1985-86 and 1986-87 and became eligible to receive the minimum grant-in-aid from 01.03.1988, which is after four years from the date of presentation of the candidature as per the extant grant-in-aid rule. Since the Managing Committee members of the school did not release the grant-in-aid in favour of the Appellants with effect from 01.03.1988, the Appellants approached the State Education Tribunal by filing the above noted GIA case.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrFKxjF3xAqTQwJm9hoLNUFnYR7aVcPzIxmatiV0PL7Ij&caseno=FAO/826/2018&cCode=1&cino=ODHC010517572018&state_code=11&appFlag=)

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