Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.21167 of 2026
Shreehari Panda and others ..... Petitioners
Represented by Adv. - Durgesh Narayan Rath -versus- State Of Odisha and others ..... Opposite Parties
Represented by Adv. – Mr. A. Mohanty, ASC
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 13.07.2026
Order No.
01.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioners as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the prayer made therein.
3. The Petitioners have filed the present writ application with the following prayer:
“Under the above circumstance, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by quashing the order passed by the opposite party no.1 vide Annexure-4 to the writ petition.
And this Hon'ble Court be further pleased to direct the opposite parties to extend the benefit as has been
directed to be extended in the case of Ratnakar Mohapatra (supra), which has been confirmed by the Hon'ble Apex Court.
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And this Hon'ble Court be pleased to pass any further order/order or direction/directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.
And for this act of kindness, as in duty bound, the petitioners shall ever pray.”
4. In course of hearing of the writ application, learned counsel for the Petitioners submits that the Petitioners ventilating their grievance have submitted representation before the Director, Secondary Education, Odisha, Bhubaneswar, Opposite Party No.1 under Annexure-8. It is also submitted by the learned counsel for the Petitioners that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioners that a direction be issued to the Opposite Party No.1 to consider the representation of the Petitioners under Annexure-6 within a stipulated period of time.
5.
Learned counsel for the Petitioner at this juncture contended that earlier the Petitioner had approached the State Education Tribunal by filing GIA Case No.8 of 2002 which was disposed of vide order dated 29.11.2003 thereby directing the Opposite Party No.1 to examine the case of the present Petitioner by verifying the original records of the Petitioner relating to his eligibility/educational qualification and other criteria as required to come under the grant-in-aid. He further contended that the order passed by the State Education Tribunal, Bhubaneswar has been complied with by the Opposite Parties vide order dated 14.08.2006 at Annexure-4 holding therein that since the grant-in-aid order has already been repealed, the Petitioner is not eligible to get such
Page 3 of 3. benefit. However, in the meantime the law has been the law has been clarified by this Court vide the judgment in (State of Odisha and another vs. Ratnakar Mohapatra and another (F.A.O. No.509 of 2014 disposed of on 19.03.2025) which has been affirmed by the Hon’ble Supreme Court.
6.
Learned counsel for the State submits that he has no objection if the representation of the Petitioners is considered by the Opposite Party No.1, which is stated to be pending, in accordance with law within a stipulated period of time.
7. Considering the limited nature of grievance of the Petitioners, the writ application is disposed of at the stage of admission with a direction to the Opposite Party No.1 to consider the representation of the Petitioners dated 06.04.2026 under Annexure-8 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.1 shall do well to dispose of the representation of the Petitioners under Annexure-8 by passing a speaking and reasoned order by taking into account order passed in FAO No.509 of 2014. The decision so taken by the Opposite Party No.1 be also communicated to the Petitioners within ten days thereafter.
8. With the aforesaid observations and directions, the writ application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Sisir
Designation: PERSONAL ASSISTANT