Authority: High Court of Orissa at Cuttack
Order Date: 27-Aug-2026
Case Overview
- Parties: Appellant – M.C. of Sashidevi Girls High School, Chhatia; Respondents – State of Orissa & Others.
- Background: The appellant filed FAO No.507 of 2022 challenging an order dated 25‑11‑2019 of the State Education Tribunal in G.I.A Case No.127 of 2018; that order was dismissed by this Court on 04‑05‑2023.
- Subsequent Development: The Court later allowed a similar claim in FAO No.509 of 2014 (judgment dated 19‑03‑2025). The Apex Court upheld that judgment on 25‑03‑2026, dismissing a batch of civil appeals.
- Interim Applications: Relying on the later judgment, the appellant filed I.A. No.1212 of 2026 and I.A. No.1073 of 2025 seeking condonation of delay and recall of the 04‑05‑2023 order.
Observations / Reasoning
- The Court noted that the earlier dismissal (04‑05‑2023) predates the later judgment that was subsequently upheld by the Supreme Court.
- Refusing condonation would prejudice the appellant given the precedent set by the later judgment.
- Consequently, the Court decided to condone the delay and recall the earlier order.
Final Outcome
- The order dated 04‑05‑2023 is recalled.
- Delay in filing the recall application is condoned.
- The appellant is ordered to pay Rs 5,000 as cost, to be deposited with the Juvenile Justice Fund of the Orissa High Court by 27‑08‑2026.
- Both interim applications are disposed of.
Topics: Judicial Order, Education Law