Laxmidhar Samal vs State Of Odisha & Others

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

Heard Mr. C. Nayak, learned counsel appearing for the petitioner.

By means of this petition, the petitioner has challenged the Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 2004.

Reliefs as sought in this writ petition are, inter alia as follows:

i. By declaring word inserted in clause 3(1) “by way of block grant” in its repealed order of Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 2004 as a self imposed restriction which is not binding to the petitioner’s case;

ii. Further by declaring word inserted in clause 3(1) “by way of block grant” in its repealed order of Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 2004 is void and illegal;

iii. Further by declaring word inserted in clause 3(1) “by way of block grant” in its repealed order of Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 2004 which is violative of articles 14 and 16 of the Constitution and is not consonance with the object and statement of Orissa Act, 13 of 1994;

iv. Further by declaring word inserted in clause 3(1) “by way of block grant” in its repealed order of Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 2004 runs contrary to the Section to the Section 10 of Orissa Education Act, 1969 and not sustainable in the eye of law;

v. Further be declared Grant-in-Aid Order, 2009 is a consequential order of Grant-in-Aid Order, 2004 which is not applicable in the case of the petitioner by holding Grant-in-Aid Order, 1994 is applicable in favour of the petitioner’s case;

vi. Further be pleased to declare order-3 “Odisha (Aided Colleges, Aided Junior Colleges and Aided Higher Secondary Schools), Grant-in-Aid Order, 2009” and order-5 clause-1,2,3,4,5, and 6 of the Grant-in-Aid Order, 2009 is not sustainable in the eye of law by striking it as bad law which was not made in consonance with law;”

Issue notice, returnable on 11.04.2023.

Since Mr. D. Nayak, learned Addl. Government Advocate appears and waives notice for the Opposite Parties No.1 and 2, no formal notice is called for in respect of those Opposite Parties.

The petitioner shall take steps for service of notice on the Opposite Parties No.3 by Speed Post in the course of the day.

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