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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, M.S.RAMAN
Haraprasanna Tripathy – Appellant
Versus
Principal Secretary, Department of Higher Education, Bhubaneswar – Respondent
| Table of Content |
|---|
| 1. writ petition maintainability against the director's order. (Para 1 , 2) |
| 2. factual background of the appellant's promotion claim. (Para 3 , 4 , 5) |
| 3. arguments on jurisdiction and statutory interpretation. (Para 6 , 10 , 11) |
| 4. court’s analysis of jurisdiction under the o.e. act. (Para 7 , 8 , 9 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. final decision on jurisdiction and appeal dismissal. (Para 19 , 20 , 21 , 22 , 23) |
JUDGMENT :
1. The seminal point involved in the instant writ appeal is whether a writ petition can be maintained / entertained against an order dated 27th March, 2025 passed by the Director, Higher Education, Government of Odisha in rejecting the representation of the appellant claiming for approval of his promotion to the post of Lecturer in Physics, the 7th post, without approaching the Odisha Education Tribunal (the "Tribunal" for short) constituted under the Odisha Education Act, 1969 (the "O.E. Act" for short).
3. Shorn of unnecessary details and in order to determine the point as formulated hereinbefore, it would be apposite to recapitulate the prelude to the litigations ensued at the behest of the appellant in different fora. Undeniably, the appellant
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 authority for withdrawing salary payments in aided institutions lies with the Governing Body; actions taken outside this authority violate the principles of natural justice and the legality of pr....
The judgment established the applicability of the Tamil Nadu Private Colleges Regulation Act, 1976 to minority institutions and clarified the jurisdiction of the Tribunal to hear second appeals. It a....
Under Article 227, High Court cannot interfere with school tribunal's setting aside of prejudiced disciplinary inquiry where findings mismatch framed charges, absent perversity or natural justice vio....
Educational institutions do not have an inherent right to receive financial aid; such aid is contingent upon compliance with statutory provisions and the economic capacity of the state.
(1) Appointments made in contravention of statutory provisions are void ab initio.(2) Mere dismissal of Special Leave Petition would not mean that view of High Court has been approved by Apex Court.
Once the decision has been taken to release the grant-in-aid, it should be released uniformly without putting any riders in the same.
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