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2026 Supreme(SC) 160

DIPANKAR DATTA, SATISH CHANDRA SHARMA
State Of Odisha – Appellant
Versus
Managing Committee Of Namatara Girls High School – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Sanjana Saddy, AOR Ms. Shailja Singh, Adv.
For the Respondent(s): Mr. Nagendra Kasana, AOR Mr. Mahendra Kumar Sahoo, Adv. Mr. A Deb Kumar, Adv. Mrs. A Deepa, Adv. Mrs. Neeta Kasana, Adv. Mrs. Anjana Kasana, Adv. Mr. Binod Ch Sabat, Adv.

Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the sufficiency of cause required for condonation of delay under Section 5 of the Limitation Act in government appeals?

What is the appropriate treatment of delays by government authorities in condoning delay, as compared to private litigants?

What is the consequence of failing to file timely and properly certified copies of orders in appeals involving grant-in-aid under Odisha Education Act, 1969?


ORDER :

1. Respondent-Managing Committee of Namatara Girls’ High School1[school] had approached the State Education Tribunal2[Tribunal], Bhubaneswar, Odisha with an application3[G.I.A. Case No.623 of 2011] under Section 24B of the Odisha Education Act, 1969 for release of grant-in-aid.

2. By an order dated 30th December, 2013, the Tribunal allowed the application by directing the State of Odisha and the Director of Secondary Education, Odisha to release grant-in-aid in favour of the teaching and non-teaching staff of the school in the manner as directed.

3. The order dated 30th December, 2013 was carried in appeal4[FAO No. 582 of 2015] by the State of Odisha before the High Court of Orissa at Cuttack5[High Court] on 16th October, 2015. The appeal was time-barred. Not only that, the appeal was not accompanied by the certified copy of the impugned order. Since presentation of the appeal, for a period of 8 years to be precise, the State of Odisha had not filed the certified copy of the impugned order. By an order dated 26th April, 2023, the High Court dismissed the appeal citing failure to file the certified copy of the Tribunal’s order as the reason.

4. Stung by such order, the State of

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