Dismissed¶24

State of Orissa v. Rajesh Ku.Patel

Orissa HC4 May 2026FAO/511/2017

Case brief

AI extract

What is this about?

Grant-in-aid; State Education Tribunal; G.I.A. Case No.316 of 2013; Grant-in-Aid Order, 1994; approval of appointment; Competent Authority recommendation; eligibility; State of Odisha v. Ratnakar Mohapatra; F.A.O. No.509 of 2014; SLP(C) No.6943 of 2026; coordinate Bench ratio; reconsideration direction; consequential orders; three-month timeline; FAO dismissed.

What did the court decide?

Appeal dismissed with direction to the State-Appellants to re-consider the respondents' grant-in-aid case in terms of the Coordinate Bench judgment dated 19.03.2025 (confirmed by the Hon'ble Supreme Court) and pass consequential orders within three months if eligibility and recommendation are found ¶24

State of Orissa Vs Rajesh Ku.Patel — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appeal against the State Education Tribunal's order dated 04.09.2017 in G.I.A. Case No.316 of 2013 should be allowed — i.e., whether the respondents are ineligible for grant-in-aid absent any recommendation by the Competent Authority — or whether the matter is governed by the coordinate Bench ratio in State of Odisha v. Ratnakar Mohapatra

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Court's answer

Appeal dismissed; the State-Appellants are directed to re-consider the respondents' case in terms of the Coordinate Bench judgment dated 19.03.2025 in State of Odisha v. Ratnakar Mohapatra (confirmed by the Hon'ble Supreme Court) and, if the respondents are found eligible for grant-in-aid with a recommendation in their favour, to pass necessary consequential orders in accordance with law within three months

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Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, F.A.O. No.511 of 2017 (State of Orissa & anr. v. Rajesh Ku. Patel & anr.), decided 04.05.2026 by Aditya Kumar Mohapatra, J.: Appeal by the State against the State Education Tribunal's order dated 04.09.2017 in G.I.A. Case No.316 of 2013, whereby the respondents' claim for grant-in-aid under the Grant-in-Aid Order, 1994 was allowed. The State argued the respondents were ineligible and that no Competent Authority recommendation existed in their favour; the respondents contended the dispute was squarely covered by the coordinate Bench judgment in State of Odisha v. Ratnakar Mohapatra (F.A.O. No.509 of 2014, decided 19.03.2025), upheld by the Hon'ble Supreme Court in SLP(C) No.6943 of 2026 (decided 25.03.2026). Holding: appeal dismissed; the State was directed to re-consider the respondents' case in terms of the coordinate Bench judgment and the Supreme Court's directions, and, if the respondents are found eligible with a recommendation in their favour, to pass consequential orders in accordance with law within three months.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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F.A.O. No.511 of 2017

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State of Orissa and another

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..... Appellants

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Represented by Adv. – Mr. Chandra Madhab Singh, ASC

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-versus-

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Rajesh Ku. Patel and another

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..... Respondents

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Represented by Adv. – Mr. Sangram Jena, Advocate

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CORAM:

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THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER

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04.05.2026

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Order No.

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1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard the learned Additional Standing Counsel for the StateAppellant 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.

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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.

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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

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rejection and to approve the appointment of the said applicantRespondents as per Grant-in-Aid Order, 1994 and to release the grantin-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.

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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.

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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 Coordinate 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

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period of three months.

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