ARUNA KUMAR SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This reference has been made by a Division Bench of this Court to the Full Bench for an authoritative pronouncement on the scope and ambit of Section 7-C of the Orissa Education Act, 1969 (hereinafter referred to as 'the Act'), the interplay of Section 7-C(1) and Section 7-C(4) of the Act and the Grant-in-Aid Order promulgated in terms of Section 7-C(4) of the Act vis- -vis the jurisdiction of this Court under Article 226 of the Constitution to direct the Government for making necessary budgetary allocation for payment of Grant-in-Aid.

(2.) The reference order is as follows: "The question raised in this case is of general importance. It relates to the scope of ambit of section 7-C of the Orissa Education Act. In particular it relates to the interplay of Section 7-C(1) and 7-C(4) of the Act and the grant-in-aid order promulgated in terms of section 7-C(4) of the Act. The Government has taken the stand that it has been making budgetary allocations within the limit of its economic capacity and the claims of all those who may be eligible for the grant-in-aid could not be considered in view of paucity of funds and they will be considered, if found eligible, for grant-in-aid as and when sufficient funds are allocated in that regard. The State counsel relies upon section 7-C(4) of the Act in support of its submission.

(3.) Before proceeding to consider the question, it may be necessary to refer to the case of the parties.