LAXMIDHAR PATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) A Division Bench of this Court while disposing of the present writ application made an order on 16 -3 -1995 to request the Hon'ble the Chief Justice for constitution of a larger Bench in resolving the apparent inconsistencies between two decisions of this Court, one reported in 1993 (I) OLR 77 (Jalada Delang Uchha Bidyapith v. State of Orissa and Ors.) wherein a Division Bench of this Court has taken the view that since the entitlement to receive aid flows from the order of the Government, until and unless an order is passed no right is accrued and on mere satisfying the eligibility qualification an institution cannot claim the grant -in -aid, and the second one by another Division Bench reported in 1995 (I) OLR 310 (Kartik Ch. Mohanta and Ors. v. State of Orissa and Ors.) wherein it has been held that a school when stisfies the pre -conditions contained in the grant -in -aid principles would become entitled to grant -in -aid and, therefore. Government must release grant -in -aid with effect from that date.

(2.) THE aforesaid two decisions are apparently in direct conflict with one another. To resolve this conflict, the present larger Bench has been constituted. The point of reference is as to whether the teaching and non -teaching staff of an aided High School are entitled to receive the minimum grant -in -aid from the State Government from the date of their eligibility or from the date of the order of release by the State Government.

(3.) CLAUSE 10 (1) of the 1979 Resolution provides inter alia that a recognised High School will be eligible to receive minimum grant -in -aid after four years from the year of presentation of candidates in the Final High School Examination subject to other conditions enumerated therein. Sub -clause(3) of Clause 10 provides that a school will be considered for the privilege of direct payment of salaries for three years after receipt of the minimum grant provided that the roll strength does not fall below the roll strength prescribed for receipt of the minimum grant and the result of the school for the preceding two years is on par with the State average or above in the Annual High School Certificate Examination and further the school satisfies the other conditions for direct payment as laid down by the State Government from time to time.