Authority: High Court of Odisha at Cuttack
Order Date: 08.07.2026
Case Overview
- Petitioners: Managing Committee of Basudev U.P. School, Sandhagorada, Puri (represented by Adv. J. Biswal).
- Opposite Parties: State of Odisha & others (represented by Adv. D.K. Sahoo, A.G.A.).
- Writ Petition No. WP(C) 20370 of 2026 filed seeking admission of the writ, call for records, and a writ of mandamus directing Opposite Party No.2 (Director, Secondary Education Odisha) to treat the school as an aided institution under the Grant‑in‑Aid Order 1994, with employee service benefits effective from 01‑06‑1998, and to grant all consequential benefits.
- Petitioners relied on a prior recommendation dated 06‑11‑2003 (Annexure‑1) and cited the ratio from State of Odisha & another v. Ratnakar Mohapatra & another (FAO No.509 of 2014, disposed 19‑03‑2025) which was affirmed by the Supreme Court in SLP(C) No.6943 of 2026 (disposed 25‑03‑2026).
- Petitioners alleged inaction by Opposite Party No.2 in disposing a representation dated 10‑04‑2026 (Annexure‑4).
- The State argued the writ was non‑maintainable, contending the matter should be before the State Education Tribunal and that eligibility must be tested per the Supreme Court’s Ratnakar Mohapatra judgment.
Final Outcome
- The Court, after hearing both sides, dismissed the maintainability objection and ordered Opposite Party No.2 to consider and dispose of the petitioners’ representation in accordance with the Ratnakar Mohapatra ratio.
- The director must verify entitlement and eligibility for grant‑in‑aid as per the Court’s earlier judgment, and issue a final speaking and reasoned order within eight weeks from the production of a certified copy of this order.
- The final order must be communicated to the petitioners within ten days of the director’s decision.
- The writ application is hereby disposed of without any opinion on the merits of eligibility.
- An urgent certified copy of the order is to be issued as per the Rules.
Topics: Grant-in-Aid, Education Law