Orissa High Court
M.c.of Shri Gopal Jew High School, Taharpur, Jajpur v. State of Odisha
WP(C)/22049/2026
- Decision date
- 2026-07-21
- Text availability
- Full text
- Judges
- Aditya Kumar Mohapatra
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.22049 of 2026 M.C. of Shri Gopal Jew High ..... Petitioner School, Taharpur, Jajpur Represented by Adv. - Mahendra Kumar Sahoo -versus- State of Odisha & Ors. ..... Opposite Parties Represented by Adv. - Mr. U.C.Jena, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 21.07.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “It is therefore, most humbly prayed that this Hon'ble Court be graciously pleased to:- i) Admit the writ application. ii) Call for the records. iii) Issue a writ in the nature of Mandamus or any other appropriate writ/writs, direction/directions, directing the Opposite Page 1 of 4. Parties to grant the same grant-in-aid benefit in terms of GIA Order 1994 in favour of the approved teaching and non-teaching staff of the petitioner's school, keeping in view the ratio decided by this Hon'ble Court in the case of State of Odisha & another Vrs. Ratnakar Mohapatra & another vide judgment
dtd.19.3.2025 passed in FAO No.509/2014 (College case) and in FAO No.199/2018 (School Case) and a batch of similar cases, which was confirmed vide judgment / order dtd.25.3.2026 passed in SLP (Civil) Diary No.6943/2026 of the Hon'ble Apex court and further direction be made to extend all other consequential service and financial benefits as due and admissible as has been extended in favour of similarly situated recommended Schools by considering the pending representation under Annexure-6 and also by taking into account the principle of law as decided by the Hon'ble Apex court in the case of State of U.P and others Versus Arvind Ku. Srivastava reported in (2015) 1 see, Page 347, so also in the judgment passed in the case of State of Karnataka &. Other Vs. C. Lalitha reported in 2006(2) SCC-747 within a reasonable time to be stipulated by this Hon'ble Court. iv) Or in alternative, in the interest of justice & equity, any other appropriate Writ(s), direction(s), order(s) be passed so as to give complete relief to the Petitioner.” 4. Learned counsel for the Petitioner, at the outset, contended that the present Petitioner, who stand in a similar footing with the Appellant in FAO No.509 of 2014, which was disposed of by a Coordinate Bench on 19.03.2025 and eventually upheld by the Hon’ble Supreme Court, claims similar benefits at par with the Page 2 of 4.
Appellant in FAO No.509 of 2014. He further contended that claiming similar benefits the Petitioner has already approached the Opposite Party No.2 by filing a detailed representation dated 03.05.2026 at Annexure-6 to the writ petition. He further submitted that since no decision has been taken on the representation of the Petitioner even though several months have elapsed in the meantime. Challenging such inaction of the Opposite Party No.2 the Petitioner has approached this Court by filing the present writ petition. 5. Learned counsel for the State, on the other hand, contended that since the issue involved in the present writ petition is release of GIA, the present writ petition is not maintainable. He further contended that in the event the Petitioner has approached the Opposite Party No.2 and his grievance is still pending before the Opposite Party No.2, he will have no objection if this Court directs the Opposite Party No.2 to take a lawful decision on such representation within a stipulated period of time.
6. Considering the submissions made by the learned counsels appearing for the respective parties, on a careful analysis of their submission and on a close scrutiny of the document annexed to the writ petition, this Court observes that the sole grievance of the Petitioner in the present writ petition is the inaction of the Opposite Party No.2 to take a decision on their representation dated 03.05.2026 which is stated to be pending before the Opposite Party No.2 for consideration. Taking into consideration the aforesaid factual scenario, this Court deems it proper to dispose of the writ petition by directing the Opposite Party No.2 to consider and dispose of the representation of the Petitioner in view of the judgments of this Court as well as the Hon’ble Supreme Court within a period of eight Page 3 of 4. weeks from the date of communication of a certified copy of today’s order. It is needless to mention here that the claim of the Petitioner shall be governed by the judgment of this Court as has been affirmed by the Hon’ble Supreme Court. It is further directed that the Opposite Party No.2 shall do well to dispose of the representation of the Petitioner by passing a speaking and reasoned order. The final decision so taken be communicated to the Petitioner within ten days thereafter. 7. With the aforesaid observations/directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. (A.K. Mohapatra) Judge Rubi
Signature Not Verified Page 4 of 4. Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 27-Jul-2026 19:13:26