Prakash Chandra Gouda v. State of Odisha
Case brief
What is this about?
Grant-in-aid; block grant; repeal and saving clause; accrued and vested rights; Section 6 General Clauses Act 1897; doctrine of merger; ratio decidendi and precedent under Article 141; Odisha (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order 1994 repealed by 2004 Order; Orissa Education Act 1969 Sections 7-C, 7-D, 3(b), 24-B, 24-C; Articles 14, 16, 226, 141; Anup Kumar Senapati (2019) 19 SCC 626 followed; Prafulla Kumar Sahoo 2003 (I) OLR 91 distinguished; Arnab Kumar Swain AIR 2014 Ori 116; Dhanwanti Devi (1996) 6 SCC 44 relied on; aided college lecturers; approval of appointments; Odisha; writ petitions dismissed.
What did the court decide?
No relief granted; all writ petitions, to the extent they challenge the validity of Paragraph-4(1) of the 2004 Order, dismissed; pending interlocutory applications disposed of; no order as to costs; petitioners at liberty to pursue unaffected claims before the appropriate forum.