(1.) The question involved in the appeals is whether the employees are entitled to claim grant-in-aid as admissible under the Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-aid Order, 1994 (hereinafter referred to as the 'the order of 1994'), after its repeal in the year 2004 by virtue of provisions contained in Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-aid Order, 2004 (hereinafter referred to as the 'the order of 2004'). The order of 2004 has also been repealed by Orissa (Aided Colleges, Aided Junior Colleges, and Higher Secondary Schools) Grant-in-aid Order, 2008.
(2.) Before the promulgation of the Order of 1994, the benefit of grant-in-aid to non-Government educational institutions used to be provided under instructions issued from time to time under the provisions of Orissa Education Act, 1969 (hereinafter referred to as 'the Act'). The same has been amended in the year 1994 by insertion of the provisions contained in Section 7-C, extracted hereunder:
(3.) In exercise of the powers under the provisions of Section 7-C of the Act, the Order of 1994 was issued by the Government published in the Orissa Gazette on 21.11.1994. It provided grant-in-aid to be released with to the approved posts only. Paragraph 3 of the Order of 1994 specified the categories of the institutions eligible for being notified as Aided Educational Institutions. Paragraph 4 of the Order of 1994 deals with the classification of the Educational Institutions and the posts in such Institutions. Paragraph 4 is extracted hereunder: