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IN THE HIGH COURT OF ORISSA AT CUTTACK
ADITYA KUMAR MOHAPATRA
Sadananda Pati – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3 , 5 , 6) |
| 2. arguments presented by the appellants. (Para 4 , 7 , 8) |
| 3. state’s position and arguments. (Para 9) |
| 4. court's analysis of similar cases. (Para 10) |
| 5. court's decision to set aside the tribunal's order. (Para 11) |
| 6. conclusion and order of the court. (Para 12) |
JUDGMENT :
A.K. Mohapatra, J.
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
The denial of grant-in-aid for a Non-Government Aided High School established prior to 1994 lacks legal basis; equal treatment based on established precedents is mandated.
A Teacher is entitled to Grant-in-Aid from 1 June 1994 under the Odisha Education Act, recognizing the Degree College as a separate entity from the +2 Institution.
Once the decision has been taken to release the grant-in-aid, it should be released uniformly without putting any riders in the same.
The High Court determined that disputes regarding eligibility for grant-in-aid must be adjudicated by the Tribunal established under Section 24-B of the Odisha Education Act, rejecting any alternativ....
The central legal point established in the judgment is the significance of the institution's notification under the respective orders in determining the eligibility of the appellant to receive Block ....
The court emphasized the importance of compliance with grant-in-aid conditions and the violation of principles of natural justice in administrative decisions.
The main legal point established in the judgment is that statutory provisions prevail over any executive instructions or clarifications issued in contravention to the statutory rules.
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