SUNIL KUMAR PATTANAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE prayer in this writ application is for issuance of an appropriate writ, direction or order to the opposite parties commanding them to release the Grant -in -Aid in favour of the petitioner whose services have been validated in terms of the provisions contained in the Orissa Aided Educational Institutions (Appointment of Lecturers Validation) Act, 1998 (in short, 'Act, 1998'), Placing reliance on a decision of this Court in Sanjib Kumar Pattnaik v. State of Orissa and others (Batch),, 2002 (I) OLR 58, it is contended by the learned counsel for the petitioner that once the appointment of the petitioners was validated under the statute, they were automatically entitled to receive Grant -in -Aid under the Orissa Grant -in -Aid Order, 1994 (in short, "Grant -in -Aid Order, 1994"). This, according to the learned counsel, flows from the provisions contained in Sub -section (2) of Section 3 of the Act, 1998 which lays down that lecturers whose appointments are validated under the Act shall be governed under the Orissa Aided Educational Institutions (Appointment of Lecturers Validation) Act, 1998.

(2.) A single Bench of this Court in Sanjib Kumar Patnaik's case (supra), taking into consideration the provisions of Sub -section (2) of Section 3 of the Act, 1998 and overruling the contentions of the State that in view of the provisions of Section 7 -C of the Orissa Education Act, the lecturers, whose appointments have been validated, do not, on being validated, automatically become entitled to Grant -in -Aid, held that they would be so entitled and observed thus :

(3.) THESE two provisions cannot be read in isolation. What Sub -section (2) of Section 3 contemplates is that the lecturers who appointments have been validated, will become eligible to be considered for Grant -in -Aid in accordance with the Grant -in -Aid order, 1994. In other words, if Grant -in -Aid is extended, they will be entitled to Grant -in -Aid under the principles laid down in the Order. But, the provisions contained in the Grant -in -Aid Order, 1994 cannot override the provisions contained in Section 7 -C of the Orissa Education Act, which provides that the Government to set apart a sum of money annually for being given as Grant -in -Aid to private Educational Institutions and this setting apart would be within the limits of its economic capacity. Thus, it is for the Government to consider as to what is the sum which it can set apart each year for being given as Grant -in -Aid to private Educational Institutions. To direct the Government to pay all lecturers/teachers Grant -in -Aid, on their services being validated, would, in substance, amount to making the provision contained in Section 7 -C(1) of the Orissa Education Act otiose, for whether or not it is within the economic capacity, the Government will be bound to pay Grant -in -Aid all such lecturers/teachers. Subsection (2) of Section 3 of the Act, 1998, in our opinion, cannot override the provisions contained in Section 7 -C(1) of the Orissa Education Act. For obvious reasons, the provisions contained in the Grant -in -Aid Order, 1994 which is issued in exercise of powers conferred under Sub -section (4) of Section 7 -C of the Orissa Education Act, have naturally to be read subject to the provisions of Section 7 -C. In other words, the provisions contained in the Grant -in -Aid Order, 1994 cannot override the statutory provisions contained in the Act, 1998 under which the Grant -in -Aid Order is issued and in case there is any conflict, the provisions contained in the Order, 1994 issued under the Orissa Education Act will have to give way to the provisions contained in the parent statute.