Authority: High Court of Odisha, Cuttack
Order Date: 08‑07‑2026
Case Overview
- Parties: M.C. of Betojharana High School, Betojharana, Nabarangpur (Appellant) vs. State of Odisha and others (Respondents).
- The appellant filed an Inter‑Application (I.A.) seeking condonation of delay for filing an appeal, alleging a delay of 2,643 days.
- The appeal also challenges the State Education Tribunal’s order dated 28‑Jan‑2019 (G.I.A. Case No.69 of 2013) which denied grant‑in‑aid to the school.
- Counsel for the appellant relied on the ratio of a coordinate Bench decision in State of Odisha v. Ratnakar Mahapatra (FAO No.509 of 2014, dated 19‑Mar‑2025) and its affirmation by the Supreme Court in SLP(C) No.6943 of 2026 (dated 25‑Mar‑2026).
- Respondents argued the school was ineligible for the grant‑in‑aid and that no recommendation had been made by the Competent Authority.
Observations & Reasoning
- The Court noted the 2,643‑day delay and, considering precedents where similar delays were condoned, decided to condone the delay.
- The Court imposed a cost of Rs 3,000 to be paid to the Juvenile Justice Fund managed by the Member Secretary, Odisha State Legal Services Authority.
- The Court allowed the appeal, subject to the condition that the Competent Authority verify the factual background, eligibility, and entitlement of the appellant as directed by the coordinate Bench judgment and the Supreme Court order.
- If the Competent Authority finds the factual background identical to that in FAO No.509 of 2014 and confirms eligibility, the same grant‑in‑aid benefits shall be extended to the appellant.
Final Outcome
- The I.A. for condonation of delay is allowed; delay of 2,643 days is condoned.
- A cost of Rs 3,000 is imposed, payable to the Juvenile Justice Fund.
- The appeal is allowed conditionally: the Competent Authority must verify eligibility per the 2014 FAO judgment and 2026 Supreme Court ruling; upon confirmation, grant‑in‑aid benefits will be extended to the school.
Topics: Legal Proceedings, Education Grant