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2017 DAILYLAW 1617 (ORI)

STATE OF ORISSA v. RAJESH KU.PATEL

FAO/511/2017 · 2026-05-04

Aditya Kumar Mohapatra

body2017

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK F.A.O. No.511 of 2017 State of Orissa and another ..... Appellants Represented by Adv. – Mr. Chandra Madhab Singh, ASC -versus- Rajesh Ku. Patel and another ..... Respondents Represented by Adv. – Mr. Sangram Jena, Advocate CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 04.05.2026 Order No. 05. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard the learned Additional Standing Counsel for the State- Appellant as well as learned counsel for the Respondents Nos.1 & 2. Perused the appeal as well as the impugned order of the learned State Education Tribunal. 3. The Respondent before the State Education Tribunal has approached this Court by filing the present appeal thereby challenging the order dated 04.09.2017 passed in G.I.A. Case No.316 of 2013. 4. Learned counsel for the State-Appellants, at the outset, submitted that initially a GIA case was preferred by the Respondents before the learned Tribunal with a prayer to set aside the order of Page 2 of 3. rejection and to approve the appointment of the said applicant- Respondents as per Grant-in-Aid Order, 1994 and to release the grant- in-aid accordingly. Learned counsel for the State-Appellants submitted that such GIA case has been erroneously disposed in favour of the Respondents vide the impugned judgment dated 04.09.2017. Learned counsel for the State-Appellants submitted that the Respondents are in no way eligible to get such grant-in-aid and that no such recommendation was ever made in their favour by the Competent Authority. 5. Learned counsel for the Respondents, at this stage, contended that the subject matter of the dispute in the present appeal is squarely covered by the ratio laid down by a coordinate Bench of this Court in State of Odisha v. Ratnakar Mohapatra decided in F.A.O. No.509 of 2014 vide judgment dated 19.03.2025. He further contended that such judgment of the Coordinate Bench of this Court has been upheld by the Hon’ble Supreme Court in SLP(C) No.6943 of 2026 vide judgment dated 25.03.2026. 6. Considering the submission made by the learned counsels appearing for both the sides, while dismissing the present appeal, this court directs that the State-Appellants shall re-consider the case of the Respondents in terms of the judgment dated 19.03.2025 of the Co- ordinate Bench in State of Odisha v. Ratnakar Mohapatra, which was confirmed in appeal by the Hon’ble Supreme Court, and particularly, in terms of the direction given by the Co-ordinate Bench of this Court as well as the Hon’ble Supreme Court. In the event the Respondents are found to be eligible to receive such Grant-In-Aid and that there is a recommendation in their favour, necessary consequential order(s) be passed in accordance with law, within a Page 3 of 3. period of three months. 7. With the aforesaid observation, the F.A.O. stands dispose of. ( A.K. Mohapatra ) Judge Sashikant `