CHITTARANJAN MAHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The case of the Petitioners, as delineated in the writ petition, is as follows:

(2.) Thereafter, the State Government moved the apex Court in a Special Leave Petition, which was converted to Civil Appeal No. 4389/2006, challenging the judgment in Prafulla Kumar Sahoo so also several judgments and orders passed by this Court in terms of the decision in the case of Prafulla Kumar Sahoo (supra).

(3.) It is pertinent to mention here that when the matter was thus pending, the State Government in the Department of Higher Education came up with a Notification dated 5th February, 2004, Annexure-9, notifying "Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 2004 to regulate the payment of Grant-in-Aid to private educational institutions being non-Government Colleges, Jr. Colleges or Higher Secondary Schools. The aforesaid Order, 2004 is an amendment to the earlier Grant-in-Aid Order, 1994. SubClause (2) of Clause-3 of the said Grant-in-Aid Order, 2004 being relevant is quoted hereunder: