The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.34769 of 2020 and batch CASE NO. PETITIONER(S) OPPOSITE PARTIES SL. NO. 1. WP(C)/34769/2020 Dinabandhu Das 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Madhupur College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Birupa Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director,Higher Education, Odisha 3. Governing Body of Birupa Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Karilopatana Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 2. WP(C)/24237/2019 1.Tarakanta Choudhury 2. Nigamananda Nayak 3. Sangram Keshari Rout 3. WP(C)/24589/2019 1.KarunakarNayak 2. Ajit Kumar Parida 3. Tushar Ranjan Jena 4. WP(C)/25063/2019 Banshidhar Mishra 5. WP(C)/6014/2020 1.Governing Body of Tusra Degree College 2. Gati Krushna Udgata 3. Niranjan Sharma 4. Sarjan Padhan 5. Kabiraj Sahu 6. Rahas Bihari Bag 7. Santosh Kumar Pradhan 8. Duleswar Rana 9. Mangalu Pradhan W.P.(C) No.34769 of 2020 and batch Page 1 of 50 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Badampahar Junior College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Badampahar Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Ispat (Auto) College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of GopalKrushna Junior Vigyan Mohavidyalaya 6. WP(C)/8959/2020 Dhananjay Kar 7. WP(C)/8960/2020 1.Dr.Rajendra Das 2. Radhanath Mohanta 8. WP(C)/8961/2020 Alok Kumar Nayak 9. WP(C)/9909/2020 1.Gajendra Kumar Sethy 2. Ch. Sudhakar 3. Basanta Kumar Nayak 4. Rabindranath Jena 5. AmulyaratnaSahu 6. Jagadish Chandra Pal 7. Anita Mishra 8. Ramesh Chandra Sahu 9. Biranchi Narayan Behera 10. Gobardhan Behera 11. Subhransu Sekhar Sahu 12. Abhimanyu Sahu 13. Pratap Chandra Behea 10. WP(C)/12010/2020 1.Sanjib Kumar Dash 2. Dr.Giridhar Nayak 3. E. Rabinarayan Patro 4. Srinibas Swain 11. WP(C)/21263/2020 Dillip Kumar Mohanty 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Anchalika Degree Mahavidyalaya 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Durga Charan Chilika College W.P.(C) No.34769 of 2020 and batch Page 2 of 50 12. WP(C)/23205/2020 1. Namita Dash 2. Saroja Kumar Dash 13. WP(C)/23222/2020 D. Trinath Pradhan 14. WP(C)/23502/2020 Prakash Chandra Gouda 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha,
Legal Reasoning
3. Governing Body of Sri JagannathMahavidyalaya 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher 'Education, Odisha 3. Governing Body of Sri Iagannath Junior Mohavidyalaya 15. WP(C)/26364/2020 1.Managing Committee of Rajanikanta UPME School 2. Harish Ch Parida 3. Achinta Kumar Das Mohapatra 1.State of Odisha represented through its Commissioner-cum-Secretary, School & Mass Education Department 2. Director, Elementary Education, Odisha 16. WP(C)/26369/2020 1.Managing Committee of Srihari 1.State of Odisha represented through its 17. WP(C)/26375/2020 UPME School 2.Niranjan Parida 3. Uttam Kumar Panigrahi 1.Managing Committee of Pakharabad UPME School 2. Sachindra Kumar Mohanty 3. Ananda May Maity Commissioner-cum-Secretary, School & Mass Education Department 2. Director, Elementary Education, Odisha 1.State of Odisha represented through its Commissioner-cum-Secretary, School & Mass Education Department 2. Director, Elementary Education, Odisha 18. WP(C)/26944/2020 1. Rama Chandra Das (since dead) 1. State of Odisha represented through its represented by LRs. 1(a) Nirupama Das (b) Pravas Ranjan Das (c) Subas Ranjan Das Commissioner-cum-Secretary, School & Mass Education Department 2. Director, Higher Secondary Education, Odisha 3. Governing Body of Sriram Chandra 2. Ananta Narayan Mishra Bhanj Junior College 3. Muralidhar Mohanta 4. Nabakishore Behera 5. Dipti Prakash Mohanta 6. Satrughna Mohanta 7. Dr. Hadibandhu Behera 8. Rama Chandra Besra 9. Santosh Kumar Mohanta W.P.(C) No.34769 of 2020 and batch Page 3 of 50 10. Maheswar Mohanta 11. Mahendra Nath Singh (since dead) represented by LRs. 11 (a). Kunimani Singh (b) Ranjit Kumar Singh (c) Saraswati Singh 19. WP(C)/31185/2020 Pradeep Kumar Panigrahi 20. WP(C)/31186/2020 1.Susil Kumar Panda 2. Rajendra Gouda 21. WP(C)/34771/2020 Dayanidhi Biswal 22. WP(C)/34772/2020 Kamalakanta Pradhan 23. WP(C)/864/2021 Ambika Prasad Samantaray 24. WP(C)/872/2021 Nalinikanta Jena 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Indira Memorial Junior College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Indira Memorial Junior College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Balasore Junior College/Higher Secondary School 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of K.C. Pipili College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Sri Jagannath Mahavidyalaya 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Sri Jagannath Junior Mohavidyalaya W.P.(C) No.34769 of 2020 and batch Page 4 of 50 25. WP(C)/874/2021 Rama Chandra Nahak 26. WP(C)/877/2021 Sarata Chandra Joshi 27. WP(C)/879/2021 Bichitrananda Sahu 28. WP(C)/14859/2021 Srikanta Ballava Samanta 29. WP(C)/14862/2021 Hemanta Kumar Dihudi 30. WP(C)/14864/2021 1.Bidyadhar Behera 2. Lalitendu Sahu 31. WP(C)/28005/2021 Sunil Kumar Panda 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Sri Jagannath Junior Mohavidyalaya 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Sri Jagannath Mahavidyalaya 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Sri Jagannath Junior Mohavidyalaya 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Arda Junior College/Higher Secondary School 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Pabitra Mohan Memorial +3 Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Gopal Krushna Junior Vigyan Mohavidyalaya/Higher Secondary School 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Indravati Degree Mahavidyalaya W.P.(C) No.34769 of 2020 and batch Page 5 of 50 32. WP(C)/28007/2021 Saket Bihari Behera 33. WP(C)/28008/2021 Chitta Ranjan Mund 34. WP(C)/28010/2021 Kamal Lochan Dash 35. WP(C)/28012/2021 Sudeep Kumar Purohit 36. WP(C)/28014/2021 Bibhu Charan Mohanty 37. WP(C)/28017/2021 Ghasiram Mishra 38. WP(C)/28018/2021 Sunil Kumar Jena 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Indravati Degree Mahavidyalaya 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Indravati Degree Mahavidyalaya 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Panchayat Samiti Junior College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Panchayat Samiti Higher Secondary School 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Barpali College, Barpali 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Barpali College, Barpali 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Kesinga Mahavidyalaya W.P.(C) No.34769 of 2020 and batch Page 6 of 50 39. WP(C)/28021/2021 Prasanta Kumar Patel 40. WP(C)/28022/2021 Pradeep Kumar Sahoo 41. WP(C)/28241/2021 Tejaraj Sahu 42. WP(C)/28242/2021 Parameswar Sahoo 43. WP(C)/28244/2021 Baibasuta Pradhan 44. WP(C)/28247/2021 Surya Narayana Khuntia 45. WP(C)/31670/2021 1.Tribikram Panigrahi 2. Parthab Kumar Padhan 3. Hemsagar Patel 4. Surendra Padhan 5. Surjyavanu Sahu 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of In Dutika Sahu Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Belpahar Higher Secondary School 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Mandosil Junior College, Mandosil 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Mandosil Junior College, Mandosil 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Mandosil Junior College, Mandosil 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Mandosil Junior College, Mandosil 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Swami Vivekananda Junior College W.P.(C) No.34769 of 2020 and batch Page 7 of 50 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Beleswar +2 Mahavidyalaya 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Maharshi Dayananda Junior Mohavidyalaya 6. Bandobasta Sahu 7. Sanjaya Kumar Dora 8. Raju Kumar Dora 9. Pramod Kumar Sahu 10. Jibardhan Katar 46. WP(C)/31671/2021 1.Kartik Charan Mishra 2. Kartikeswar Behera 3. Kanhu Charan Rath 4. Anirudha Ojha 5. Bhagirathi Sahoo 6. Kshamakar Nayak 7. Akshaya Kumar Sahoo 8. Amod Chandra Biswal 9. Avimanyu Sahoo 10. Binod Bihari Sahoo 11. Suresh Kumar Sahoo 47. WP(C)/31678/2021 1.Dambarudhar Patel 2. Rabinson Nayak 3. Pushpanjali Naik 4. Ananda Kumar Keshari 5. Bishnupriya Behera 6. Kalpana Joshi 7. Arati Pati 8. Dibyasingh Patel 9. Gunamani Patel 10. Dibakar Mohapatra 11. Anantaram Patel 12. Sudhir Kumar Patel 13. Manoranjan Naik 14. Kumud Prakash Panda 15. Ananta Prasad Naik 16. Bharat Kumar 17. Prasanta Kumar Patel 18. Satart Chandra Naik 19. Phanindra Chandra Das 20. Rohit Kumar Patel 21. Sharat Kumar Patel W.P.(C) No.34769 of 2020 and batch Page 8 of 50 22. Jitendra Naik 23. Judhisthir Patel 48. WP(C)/31683/2021 1.Alekh Chandra Nayak 2. Padmanav Mishra 3. Ramesh Chandra Mohapatra 4. Satyanarayan Padhi 5. Kishore Kumar Mishra 6. Nirakar Mishra 7. Upendra Kumar Sahu 8. Tapaswinee Acharya 9. Debendra Kumar Palei 10. Mahendra Kumar Barik 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Salbani G.P. Higher Secondary School 49. WP(C)/31739/2021 1.Anadi Charan Sahoo 2. Aditya Kumar Jena 3. Muralidhar Behera 4. Chittaranjan Das 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Panchayat Higher 5. Sabita Kumari Nayak Secondary School 6. Ajaya Kumar Panigrahi 7. Ananta Charan Sahu 8. Ramesh Chandra Pradhan 9. Madhusudan Dixit 10. Tophan Kumar Samal 11. Prafulla Kumar Jena 50. WP(C)/33404/2021 1.Dileswar Pradhan 2. Bharat Bhusan Nanda 3 Reena Biswal 4 Nirmal Chandra Dash 5 Deepak Kumar Sahoo 6. Saroj Kumar Pradhan 7. Parameswar Sahu 8. Gagan Bihari Pradhan 9. Prafulla Kumar Pradhan 10. Brahmananda Sahoo 51. WP(C)/34678/2021 Duryodhan Sahu 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Panchayat Samiti College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha 3. Governing Body of Sonepur Degree College W.P.(C) No.34769 of 2020 and batch Page 9 of 50 52. WP(C)/34681/2021 Prafulla Kumar Naik 53. WP(C)/38543/2021 Sushil Kumar Pardhia 54. WP(C)/38545/2021 Sourabha Ranjan Khamari 55. WP(C)/38548/2021 Nirupama Rath 56. WP(C)/38674/2021 Umakanta Nag 57. WP(C)/38919/2021 Hari Shankar Mishra 58. WP(C)/228/2022 Premananda Pradhan 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha 3. Governing Body of Sonepur Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha 3. Governing Body of Sonepur Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha 3. Governing Body of Sonepur Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha 3. Governing Body of Sonepur Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha 3. Governing Body of Sonepur Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha 3. Governing Body of Sonepur Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Birupa Degree College W.P.(C) No.34769 of 2020 and batch Page 10 of 50 59. WP(C)/6471/2022 1.Ashok Kumar Dash 2. Rajkumar Sahu 3. Jayanta Biswal, 4. Arun Kumar Sahoo 60. WP(C)/7470/2022 1.Hrusikesh Sahu 2. Banamali Sahu 3. Daridra Padhan 4. Dilip Kumar Sahu 5 AkshyaPradhan. 6. MinakshiPradhan 7. Subal Pradhan 8. Lalit Patra 9. Bighnaraj Kudei 10. Muni Seth 61. WP(C)/12743/2022 Santosh Kumar Mishra 11. Ananda Kumar Joshi 62. WP(C)/12751/2022 Pramod Kumar Panigrahi 63. WP(C)/12753/2022 Dukhishyam Sahu 64. WP(C)/12755/2022 Dr. Ifat Nawaz 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Mahimunda Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Nabajyoti Higher Secondary School 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha 3. Governing Body of Anchal Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha 3. Governing Body of Anchal Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha 3. Governing Body of Anchal Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha 3. Governing Body of Sishu Ananta Degree College W.P.(C) No.34769 of 2020 and batch Page 11 of 50 65. WP(C)/12757/2022 Saroj Kumar Naik 66. WP(C)/12764/2022 Dr. Tusar Kanta Sahu 67. WP(C)/12783/2022 1.Bibhudutta Pradhan 2.SmitaMohapatra 3. ManasaranjanSatapathy 4. Aditya Kumar Mishra 5. Lingaraj Mishra 6. Dillip Kumar Dalai 68. WP(C)/13018/2022 1.Hrushikesh Mishra 2.Laxmidhar Chinara 3. TrilochanaPradhan 4. Kamaraj Dash 5. BaidharBehera 6. Akhil Kumar Tripathy 69. WP(C)/15593/2022 1.Prasanta Kumar Panda 2. Ashok Kumar Behera 3. Sanjib Kumar Ratha 4. Guru CharanSahu 5.Abhaya Kumar Sahu 70. WP(C)/15595/2022 Dr. Chittaranjan Das 71. WP(C)/19653/2022 Pramod Kumar Barik 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha, 3.Governing Body of Anchal Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha 3. Governing Body of Anchal Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director of Higher Education, Odisha 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Heads of Department Building 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Trust Fund Degree College, Bargarh 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha, 3. Governing Body of Sri Sri Dhabaleswar College of Science & Technology 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Tarini Thakurani Mahavidyalaya W.P.(C) No.34769 of 2020 and batch Page 12 of 50 72. WP(C)/19655/2022 GourangaMahanta 73. WP(C)/32340/2022 1.Purusottam Meher 2. Pramod Meher 3. Bindu Sagar Behera 4. Nalini Kanta Pradhan 5. Shankar Pradhan 6. Byasadev Dandasena 7. Suresh Chandra Barik 74. WP(C)/37142/2022 1.Girija Sankar Satapathy 2. Dr. Nilamadhab Sahu 3. Gitanjali Pattnayak 4. Jugal Kihsore Maharatha 5. Alaka Chandra Nayak 75. WP(C)/7908/2023 Satyanarayan Pattanaik 76. WP(C)/7911/2023 Niranjan Patra 77. WP(C)/7913/2023 Mamatarani Panda 78. WP(C)/8015/2023 Laxmidhar Samal 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Tarini Thakurani Mahavidyalaya 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Saswat Mahavidyalaya 1.State of Odisha represented through its Principal Secretary, Higher Education Department 2. Director, Higher Education, Odisha 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3.Governing Body of A.B. Women’s Higher Secondary Schools 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2.Director, Higher Education, Odisha 3.Governing Body of Braja Sundar Higher Secondary School 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3.Governing Body of Anchalika Baladevjew Women’s Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Anchalika Baladevjew Women’s Degree College W.P.(C) No.34769 of 2020 and batch Page 13 of 50 79. WP(C)/8017/2023 Pradipta Kumar Parida 80. WP(C)/10094/2023 Ashok Kumar Sahoo 81. WP(C)/12464/2023 Ranjan Kumar Dhal 82. WP(C)/17461/2023 Manas Purohit 83. WP(C)/19362/2023 Satyaban Barikee 84. WP(C)/20212/2023 Sukanta Kumar Pradhan 85. WP(C)/21877/2023 Subas Chandra Mansingh 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Anchalika Baladevjew Women’s Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3.Governing Body of Baruneswar Degree Mahavidyalaya 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Anchalika Baladevjew Women’s Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha, 3. Governing Body of Panchayat Samit (Junior) College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Kandakhai College of Science & Arts, Kandakhai 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Rukmani Devi Chilika Mahavidyalaya 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Rukmini Devi Chilika Mahavidyalaya W.P.(C) No.34769 of 2020 and batch Page 14 of 50 86. WP(C)/24788/2023 1.Ramesh Chandra Senapati 2. Dr.Ajit Kumar Mishra 3. Dr. Pradip Kumar Sahu 4. Sandhyarani Patro 5. Pramoda Kumar Choudhury 87. WP(C)/26587/2023 Santosh Kumar Acharjya 88. WP(C)/26852/2023 1.Sanjeeb Kumar Patra 2. Pramod Kumar Barad 3. Shantanu Kumar Patra 4. Gobinda Chandra Bhoi 5. Kabiraj Bhoi 6. Sanatan Mishra 7. Madan Lal Panda 8. Arun Kumar Joshi 9. Sadananda Dang 10. Rangadhar Hota 89. WP(C)/26854/2023 1.Himansu Sekhar Barik 2. Kishore Kumar Hota 3. Gobardhan Bagarty 90. WP(C)/27511/2023 BiswanathBarik 91. WP(C)/27514/2023 Gopal Kumar Chattopadhya 1.State of Odisha represented through its Principal Secretary, Higher Education Department 2. Director, Higher Education, Odisha 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director Of Higher Education, Odisha 3. Governing Body of Sonepur Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education,Odisha 3. Governing Body of Jagannath Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Jagannath Degree College 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Kandakhai College of Science & Arts, Kandakhai 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Kandakhai College of Science and Arts W.P.(C) No.34769 of 2020 and batch Page 15 of 50 92. WP(C)/27516/2023 Pandava Pradhan 93. WP(C)/27518/2023 Rangalata Khatei 94. WP(C)/27519/2023 Rabindranath Panda 95. WP(C)/27520/2023 Dillip Kumar Dalai 96. WP(C)/27521/2023 Pradyumna Kumar Nayak 97. WP(C)/29383/2023 1.Himadri Bhusan Nayak 2. Prasanna Kumar Moharana 3. Gagarin Mohanty 4. Maguni Charan Das 5. Snehamanjari Behera 6. Tapan Kumar Rout 7. Balaram Gochhayat 8. Kishore Chandra Sahoo 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Kandakhai College of Science & Arts, Kandakhai 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education 3. Governing Body of Kandakhai College of Science & Arts, Kandakhai 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Kandakhai College of Science & Arts, Kandakhai 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha, 3. Governing Body of Kandakhai College of Science & Arts, Kandakhai 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of Kandakhai College of Science & Arts, Kandakhai 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department 2. Director, Higher Education, Odisha 3. Governing Body of L.S.S. Higher Secondary School 98. WP(C)/29390/2023 1. Rabi Narayan Rath 2. Rama Prasad Mohanty 3. Pitambar Sahoo 1.State of Odisha represented through its Commissioner-cum-Secretary, Higher Education Department W.P.(C) No.34769 of 2020 and batch Page 16 of 50 4. Lochan Kumar Pati 2. Director, Higher Education, Odisha 5. Laxmidhar Pradhan 3. Governing Body of Biju Pattnaik (Junior) College 6. Krushna Ch. Sahoo 7. Sauri Prasad Lenka 8. Sunakar Khuntia 9. Srikanta Kumar Sahoo 10. Ajay Kumar Sahoo 11. Sarada Prasad Mohanty 12. Sarada Prasad Ray 13. Manoranjan Moharana 14. Krishna Prasad Parida 15. Dharanidhar Bastia 16. Bibhuti Bhusan Senapati Advocates appeared in these cases: For Petitioners: For Opposite Parties: Mr. Budhadev Routray, Senior Advocate Mr. Prafulla Kumar Rath, Senior Advocate Mr. Jayant Kumar Rath, Senior Advocate Mr. Chandrakanta Nayak, Advocate Mr. M.K. Sahoo, Advocate Mr. K.K. Swain, Advocate Mr. P.K. Mohanty, Advocate Mr. S.K. Mishra, Advocate Ms. Sharmistha Samal, Advocate Mr. B.K. Pattanaik, Advocate Mr. G.R. Sethi, Advocate Mr. R.N. Mishra, Addl. Govt. Advocate Mr. Kabiraj Pradhan, Advocate Mr. Niranjan Swain, Advocate CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN JUDGMENT 19.09.2024 W.P.(C) No.34769 of 2020 and batch Page 17 of 50 Chakradhari Sharan Singh, CJ. In the present batch of writ petitions filed under Article 226 of the Constitution of India, the petitioners have questioned the validity of Sub- Paragraph-1 of Paragraph-4 of the Odisha (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 2004 (“2004 Order”, in short) mainly on the ground that the same is contrary to the provisions under the Orissa Education Act, 1969 (“1969 Act”, in short) and the Rules framed thereunder. 2. The petitioners have also sought for a declaration that paragraph-3(1) and the repealing provision of Paragraphs-4 (1) and (2) of the 2004 Order are ultra vires Articles 14 and 16 of the Constitution of India. Accordingly, the petitioners, who claim to be working as Lecturers in different Non-Government Colleges, aided by the State Government have sought for a consequential direction to approve their appointments in accordance with the repealed Odisha (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 1994 (“1994 Order”, in short), as granted to other staff and employees of 114 Degree Colleges and 39 Junior Colleges of the State. 3. The only legal question which is involved in the present batch of writ petitions filed by the petitioners is, whether this Court should entertain a W.P.(C) No.34769 of 2020 and batch Page 18 of 50 challenge made to Paragraph 4 (1) of the 2004 Order, despite the law elucidated and the decision rendered by the Supreme Court in case of State of Odisha v. Anup Kumar Senapati; (2019) 19 SCC 626, dealing with same provisions. 4. Since all these writ petitions raise common questions of law based on almost identical issues of their rights under the 1994 Order despite its repeal by the 2004 Order, they have been heard together with the consent of the parties
Decision
and are being disposed of by the present common judgment and order. 5. In order to ascertain the background in which the present batch of writ petitions have been filed, it would be apt to narrate few germane foundational facts from the pleadings on behalf of the petitioner in the lead case i.e. W.P.(C) No.34769 of 2020 (Dinabandhu Das v. State of Odisha and others). 6. The petitioner claims to have been appointed against 1st post of Lecturer in Logic on 04.12.1990 by the then Governing Body of Madhupur College, Kalan in the District of Jajpur, established during the academic session 1983-84. The Governing Body had submitted a proposal to the Director, Higher Education for release of grant-in-aid in terms of 1994 Order. As the College fulfilled the requisite criteria under 1994 Order read with Section 7-C (4) of the 1969 Act, it was declared an aided educational institution with effect from 01.06.1994 on 08.03.1996, in exercise of power conferred under Section 3 (b) of W.P.(C) No.34769 of 2020 and batch Page 19 of 50 the 1969 Act read with Paragraph 7 (5) of 1994 Order. Approval was accorded in respect of some of the teaching and non-teaching staff of the College for release of direct payment of salary cost with effect from 01.06.1994 in terms of 1994 Order. The petitioner’s appointment was not approved for release of grant- in-aid, which made him file a writ petition before this Court bearing OJC No.14057 of 1996. During the pendency of the said application, the 2004 Order came into force, repealing 1994 Order. Later, the Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 2008 came into force whereby 2004 Order was repealed. Subsequently, another Grant-in-Order, viz., Odisha (Aided Colleges, Aided Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 2009 came into force in terms of which the petitioner’s appointment was approved as Lecturer in Logic (1st post) with effect from 01.02.2009. In the year 2014, OJC No.14057 of 1996 filed by the petitioner stood transferred to the State Education Tribunal by virtue of Section 24-B of the 1969 Act, which was disposed of by an order dated 01.02.2018, setting aside the order dated 23.02.2010 whereby the petitioner’s appointment was approved as a Lecturer in Logic (1st Post) with effect from 01.02.2009. The Tribunal directed the opposite parties to approve the appointment of the petitioner under 1994 Order. A review application was filed by the State Government seeking review of the said order of the Tribunal which was W.P.(C) No.34769 of 2020 and batch Page 20 of 50 dismissed on 21.01.2020. The State Government preferred an appeal under Section 24-C of the 1969 Act vide FAO No.514 of 2020 before this Court, which is pending. The State Government has taken one of the grounds in the said FAO No.514 of 2020 that by operation of Paragraph-4 of 2004 Order, grant-in-aid cannot be disbursed as per the 1994 Order. The State Government has placed heavy reliance on the Supreme Court’s decision in the case of Anup Kumar Senapati (supra) wherein the effect of repeal has been elaborately discussed. This is the background in which the petitioners have challenged the vires of Paragraph-4 of 2004 Order itself, in the instant writ petition. The Petitioners, in the other writ petitions too have challenged the validity of Paragraph-4 of the 2004 Order and have claimed that right which had accrued to them under 1994 Order cannot be taken away. 7. We have heard Mr. Budhadev Routray, learned Senior Counsel; Mr. Prafulla Kumar Rath, learned Senior Counsel; Mr. J.K. Rath, learned Senior Counsel; Mr. Chandrakanta Nayak, learned counsel; Mr. M.K. Sahoo, learned counsel; Mr. K.K. Swain, learned Counsel; Mr. P.K. Mohanty, learned counsel; Mr. S.K. Mishra, learned counsel; Ms. Sharmistha Samal, learned counsel; Mr. B.K. Pattanaik, learned counsel and Mr. G.R. Sethi, learned counsel appearing on behalf of the respective petitioners and Mr. R.N. Mishra, learned Additional Government Advocate (AGA) for the opposite party-State of Odisha. W.P.(C) No.34769 of 2020 and batch Page 21 of 50 8. Before we notice rival submissions advanced on behalf of the parties with reference to the challenge in question, we deem it apt to take note of relevant statutory provisions for a clear understanding of the issues involved. 9. By the Odisha Act No.14 of 1993, an amendment was introduced in 1969 Act substituting Section 7 -C which reads as under: 7-C. Grant-in-aid- (1) The State Government shall within the limits of its economic capacity, set apart a sum of money annually for being given as grant-in-aid to private Educational Institution in the State. (2) No order according permission or approval or recognition under this Act, whether prior to or after the commencement of the Orissa Education (Amendment) Act, 1994, shall entitle any private educational institution to receive grant-in-aid. (3) Save as otherwise provided, no private Educational Institution which has not been recognised by the State Government under this Act shall be entitled to receive any aid from the State Government. (4) Notwithstanding anything contained in any law, rule, executive order or any judgement, decree or order of any Court, no grant-in-aid shall be paid and no Payment towards salary costs or any other expense shall be made to any private educational institution or for any post or to any person employed in any such institution after the commencement of the Orissa Education in accordance with an order or rule made under this Act. Grant-in-aid where admissible under the said rule or order, as the case may be, shall be payable from such date as may be specified in that rule or order or from the State such date as may be determined by Government: (Amendment) Act, 1994, except W.P.(C) No.34769 of 2020 and batch Page 22 of 50 Provided that pending framing of such rule or issue of order, the State Government may, without prejudice to such rule or order, direct that private educational institutions which were receiving grant-in aid and the posts in such educational institutions in respect of which grant in-aid was being released shall continue to be paid such amount as grant-in-aid as was being paid to them immediately prior to commencement of the Orissa Education (Amendment) Act, 1994. [(4-a) The grant-in-aid to be borne by the State Government on account of placement of a teacher in an institution receiving University aided educational Grants Commission scales of Pay under the Career Advancement Scheme, shall be limited to the extent as may be admissible by computing the period of service rendered by him against an approved post with effect from the date of completion of five years of service against such approved post: Provided that nothing in this Sub-section shall be construed as to affect the seniority or any other conditions of service of such a teacher. (4-b) Notwithstanding anything contained in any judgment, decree or order of any Court to the contrary, any instructions issued, actions taken or things done on or after the 1st day of January, 1986 in regard to matters provided in Sub-section (4-a) shall be deemed to have been validly issued, taken or done as if the said Sub- section were in force at all material points of time. (5) Notwithstanding anything contained in any law, rule, executive order or any judgement, decree or order of any Court following categories of private educational institutions shall only be eligible for consideration for payment of grant-in-aid:— the (a) Upper Primary Schools imparting instructions or course prescribed by the State Government to standards or classes VI and VII or Sanskrit Tolls imparting equivalent courses and Madrasas imparting equivalent W.P.(C) No.34769 of 2020 and batch Page 23 of 50 courses in standards or classes from I to VII or any one or more of such classes. (b) High Schools imparting instructions or course for High School Certificate Examination conducted by the Board of Secondary Education, Orissa or institutions imparting Madhyama Course of Shri Jagannath Sanskrit University and Madrasas as imparting equivalent course. (c) Higher Secondary Schools or Junior Colleges imparting instructions or course for Higher Secondary Examination conducted by the Council of Higher Secondary Education, Orissa or institutions imparting Upasastri course of Shri Jagannath Sanskrit University and Madrasas imparting equivalent course. (d) Colleges imparting courses for B.A., B.Sc, or B. Com, degrees of the Utkal, Berhampur and Sambalpur Universities and Shastri course of Shri Jagannath Sanskrit University. (6) No educational institution imparting any other courses of studies except those provided in sub-section (5) shall be eligible for grant-in-aid from Government. Educational Institutions established and/or managed by Urban Local Bodies, Zilla Parishads, Panchayat Samitis and Grama Panchayats, Public Sector Undertakings or Companies or Statutory bodies shall not be eligible for grant-in-aid under this Act. (7) A Governing Body or Managing Committee desirous of availing the facility of grant-in-aid shall make an application for the purpose within such period and shall furnish such information and documents including audited statement of accounts of the institution as may be prescribed. It shall furnish with the application an undertaking to the effect that grant-in-aid sanctioned for the purpose or meeting part or whole of the salary costs shall be disbursed directly to employees concerned and to refund any excess inadmissible payment that may have been made. W.P.(C) No.34769 of 2020 and batch Page 24 of 50 (8) Notwithstanding anything contained in law, rule, executive order or any judgment, decree or order of any court, the private Educational Institutions covered under clauses (a) and (b) of sub-section (5) recognized after the 31st March, 2008 shall not be entitled for any Grant-in-Aid from the State Government save as provided in sub-section (9). (9) The private Educational Institutions referred to in clause (b) of sub-section (5) located in a Grama Panchayat or first recognized after the 31st March, 2011 shall not be the State entitled Government.] in a Municipality, which for any Grant-in-Aid from is (Highlighted for emphasis) 10. In exercise of the power conferred by Sub-Section 4 of Section 7-C of the 1969 Act, the State Government made the 1994 Order to regulate payment of grant-in-aid to private educational institutions or for any post or to any person employed in such institutions being Non-Government College, Junior College or Higher Secondary School as specified in the said 1994 Order. It is an admitted position that before promulgation of 1994 Order, the benefit of grant- in-aid to non-Government Educational Institutions used to be provided under the instructions issued by the State Government from time to time under the provisions of the 1969 Act. Only after insertion of the provisions contained in Section 7-C of the 1969 Act as noted above, and the 1994 Order that statutory provisions were made to regulating payment of grant-in-aid to the private educational institutions. The 1994 Order was published in the Odisha Gazette on W.P.(C) No.34769 of 2020 and batch Page 25 of 50 21.11.1994 which provided grant-in-aid to be released to the ‘approved posts’ only. The categories of the institutions eligible for consideration for being notified as aided educational institutions were mentioned in paragraph-3. Paragraph-4 classified the educational institutions and posts in such institutions. Paragraph-5 of the 1994 order contained a provision that all educational institutions in Category-I (i) of paragraph-4 shall be deemed to be aided educational institutions. However, in respect of Categories-II and III, as per the provision contained in paragraph 5 (2), it was necessary to fulfil the conditions prescribed therein. 11. The State Government, apparently, considering the financial constraints decided to repeal the 1994 Order and substituted it by 2004 Order with effect from 05.02.2004, promulgated in exercise of power under Section 7-C (4) of the 1969 Act. There is significant departure in the policy under the 2004 Order from the 1994 Order. Under the 1994 Order, salary cost was to be given to the staff of the institutions which concept was changed to ‘Block Grant’ i.e. a grant to be a fixed sum of grant-in-aid determined, by taking into account salary and allowances as on 01.01.2004. The economic capacity of the Government as stipulated in Section 7-C (1) of the 1969 Act became the determinative factor for deciding quantum of Block Grant to the institutions. Paragraph-3 of the 2004 Order reads thus: W.P.(C) No.34769 of 2020 and batch Page 26 of 50 3. Admissibility of Grant-in-aid- (1) Every private educational institution being a Non-Government College, Junior College or Higher Secondary School which has become eligible by the 1st June, 1994 to be notified as aided educational institution pursuant to the Grant-in-aid Order, 1994 shall be notified by the Government as required under Clause (b) of Section 3 of the Act and the institution so notified shall be entitled to receive grant-in-aid, by way of block grant, determined in the manner provided in the sub-para (2): Provided that a college, in order to be eligible to be notified as an aided educational institution, must not have more than two ministerial staff and two peons. (2) The block grant payable to the private educational institutions under sub-para (1) shall be a fixed sum of grant-in-aid, which shall be determined by taking into account the salaries and allowances, as on the 1st day of January, 2004, of the teaching and non-teaching employees of the educational institution which has become eligible to receive grant-in-aid by the 1st day of June, 1994 in accordance with the Grant-in-aid Order, 1994, but the determination of the quantum of such block grant shall be within the limits of economic capacity of Government as mentioned in Sub-section (1) of Section 7-C of the Act and shall have no linkage with the salary and allowance payable to any such employee by the Governing Body from time to time. Provided that no educational institution shall be notified to receive such block grant unless it satisfies the performance criteria as envisaged in Clause (ii) & (vii) of Sub-section (1) of Section 7-D of the Act. (3) The block grant shall be placed, through the Director, at the disposal of the Secretary of the Governing Body of the concerned educational institution proportionately either on quarterly or monthly basis. (4) The Secretary of the Governing Body of each educational institution at whose disposal the block grant W.P.(C) No.34769 of 2020 and batch Page 27 of 50 is so placed shall utilize the grant in the manner and for the purpose as may be specified by the Director and thereof at such furnish intervals as may be specified by the Director while releasing such grant. the utilization certificate (5) The block grant shall not be utilized in respect of any post other the concerned educational institutions has become eligible for grant- in-aid. for which those than (6) Payment of block grant under this Order shall be made with effect from the month of January, 2004 which is payable on or after the 1st day of February, 2004. (7) No claim on account of grant-in-aid under this Order shall be made or entertained for any period prior to the month of January, 2004. 12. The 1994 Order thus stood repealed by operation of Paragraph-4 of 2004 Order, save for the purposes mentioned in sub-paragraph-(1) of paragraph-3. We consider it beneficial to reproduce paragraph-4 of the 2004 Order, sub- paragraph-(1) of which is under challenge in the present batch of writ petitions, which reads thus: 4. Repeal and saving- (1) The Odisha (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-aid Order, 1994 is hereby repealed, save for the purposes mentioned in sub-para (1) of para 3. (2) Notwithstanding the repeal under sub-para (1), the private educational institutions which are in receipt of any grant-in-aid from Government under the Order so repealed immediately before the date of commencement of this Order, shall continue to receive such grant-in- W.P.(C) No.34769 of 2020 and batch Page 28 of 50 aid, as if the Grant-in-aid Order, 1994 had not been repealed. 13. Extensive submissions have been advanced on behalf of the petitioners to question the validity of paragraph 4(1) of the 2004 order. However, before addressing those submissions, we consider it apt to notice at this juncture itself, the Supreme Court’s decision in case of Anup Kumar Senapati (supra), wherein the provisions of the 2004 Order has been elaborately considered. 14. Following was the question framed at the outset, in the said case: “Whether the employees are entitled to claim grant-in- aid as admissible under the Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-aid Order, 1994 (hereinafter referred to as “the 1994 Order”), after its repeal in the year 2004 by virtue of provisions contained in the Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary 2004 (hereinafter referred to as “the 2004 Order”). The 2004 Order has also been repealed by the Orissa (Aided Colleges, Aided Junior Colleges and Higher Secondary Schools) Grant-in-aid Order, 2008.” Schools) Grant-in-aid Order, 15. After having examined paragraph-5 of the 1994 order, the Supreme Court observed in paragraph-6 of its decision as under: “xxx xxx xxx xxx W.P.(C) No.34769 of 2020 and batch Page 29 of 50 It is not a matter of right that the institution is entitled to claim grant-in-aid. The provision for grant-in-aid is made in Budget academic year-wise.” 16. The Supreme Court, in case of Anup Kumar Senapati (supra), has elaborately considered the effect of repeal of the 1994 order by the 2004 order and has categorically concluded in paragraphs-28 to 33 as under: take up for “28. The next question which we consideration is concerning the effect of the repeal of the 1994 Order, by the 2004 Order. The provisions contained in Para 4 of the 2004 Order have repealed the 1994 Order save for the purposes in Para 3(1). Para 3(1) provides every private educational institution being a non-government college, junior college or higher secondary school which has become eligible by 1-6- 1994 to be notified as aided educational institution under the 1994 Order, shall be notified by the Government as required under Section 3(b) of the Act and shall be entitled to receive grant-in-aid by way of block grant in the manner provided in Para 3(2). The proviso to Para 3 makes it clear that a college to be eligible as an aided educational institution must not have more than two ministerial staff and two peons. There is no other saving of the 1994 Order. However, Para 4(2) of the 2004 Order provides notwithstanding the repeal of the 1994 Order, the private educational institutions which are in receipt of any grant-in-aid from the Government under the Order so repealed shall continue to receive the grant-in-aid as if the Grant-in- aid Order, 1994 had not been repealed. Thus, it is clear that in case a college is receiving grant-in-aid, with respect to a post, shall continue to receive it under the W.P.(C) No.34769 of 2020 and batch Page 30 of 50 1994 Order, however, in case it was not receiving the grant-in-aid as saving of the 1994 Order is only entitled for block grant under Para 3(1), not eligible for receiving the grant-in-aid under the 1994 Order. The saving of 1994 Order is for a limited purpose that the institution shall continue to receive grant-in-aid concerning the posts which had been sanctioned before the repeal of the 1994 Order. 29. Section 6 of the General Clauses Act, 1897 also deals with the effect of repeal, which is extracted hereunder: “6. Effect of repeal.—Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not— (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, W.P.(C) No.34769 of 2020 and batch Page 31 of 50 and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed.” 30. The provisions contained in Section 6 of the General Clauses Act stipulate that by the repeal of enactment, the benefit given to the person concerned shall not be affected. However, the repeal shall not revive anything not in force or existing at the time at which the repeal takes place. The previous operation of any enactment or anything duly done or suffered thereunder shall not be affected or any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed. However, the best guide is found in what has been saved is by reference to the repealing provisions in the 2004 Order which are clear and unambiguous. 31. In Principles of Statutory Interpretation, 14th Edn. by Justice G.P. Singh, the following observation has been made: “The distinction between what is, and what is not a right preserved by the provisions of Section 6, General Clauses Act is often one of great fineness [Free Lanka Insurance Co. Ltd. v. A.E. Ranasinghe, 1964 AC 541: (1964) 2 WLR 66 : (1964) 1 All ER 457, 462 (PC); Bansidhar v. State of Rajasthan, (1989) 2 SCC 557, 570 : AIR 1989 SC 1614, 1621] . What is unaffected by the repeal of a statute is a right acquired or accrued under it and not a mere “hope or expectation of”, or liberty to apply for, acquiring a right [Director of Public Works v. Ho Po Sang, 1961 AC 901 : (1961) 3 WLR 731 (PC); Bansidhar v. State of Rajasthan, (1989) 2 SCC 557 : AIR 1989 SC 1614; Gajraj Singh v. STAT, (1997) 2 All ER (1961) 721, 39 : W.P.(C) No.34769 of 2020 and batch Page 32 of 50 speaking for therefore, 1 SCC 650, 672 : AIR 1997 SC 412, 426] . A distinction is drawn between a legal proceeding for enforcing a right acquired or accrued and a legal proceeding for acquisition of a right. The former is saved whereas the latter is not. In construing identical provisions of Section 10 of the Hong Kong Interpretation Ordinance, the Privy Council Lord Morris that under some observed:“It may be, repealed enactment, a right has been given, but that, in respect of it, some investigation or legal proceeding is necessary. The right is then unaffected and preserved. It will be preserved even if a process of quantification is necessary. But there is a manifest distinction between an investigation in respect of a right and an investigation which is to decide whether some right should or should not be given. On a repeal, the former is preserved by the Interpretation Act. The latter is not [Director of Public Works v. Ho Po Sang, 1961 AC 901 : (1961) 3 WLR 39 : (1961) 2 All ER 721, 731 (PC). Also referred to in Free Lanka Insurance Co. Ltd. v. A.E. Ranasinghe, 1964 AC 541 : (1964) 2 WLR 66 : (1964) 1 All ER 457, 462 (PC) [Interpretation of Section 6(3). Ceylon Interpretation Ordinance, 1900]; Isha Valimohamed v. Haji Gulam Mohamad, (1974) 2 SCC 484, 489 : AIR 1974 SC 2061, 2065; M.S. Shivananda v. Karnataka SRTC, (1980) 1 SCC 149, 156 : 1980 SCC (L&S) 131 : AIR 1980 SC 77, 81; Kanaya Ram v. Rajender Kumar, (1985) 1 SCC 436, 441; Bansidhar v. State of Rajasthan, (1989) 2 SCC 557, 573-74 : AIR 1989 SC 1614, 1623; Vinod Gurudas Raikar v. National Insurance Co. Ltd., (1991) 4 SCC 333, 338 : AIR 1991 SC 2156, 2159; P.V. Mohd. Barmay Sons v. Director of Enforcement, 1993 Supp (2) SCC 724, 730 : 1993 SCC (Cri) 777 : AIR 1993 SC 1188, 1192; Thyssen Stahlunion GmbH v. SAIL, (1999) 9 SCC 334, 364-65, 373 : AIR 1999 SC 3923, W.P.(C) No.34769 of 2020 and batch Page 33 of 50 is right 3942; Ambalal Sarabhai Enterprises Ltd. v. Amrit Lal & Co., (2001) 8 SCC 397, 412 : AIR 2001 SC 3580, 3589] .” (AC p. 922) The Lord Chancellor's (Lord Herschell's) observations in an earlier Privy Council case, that “mere right to take advantage of an enactment without any act done by an individual towards availing himself of that right cannot property be deemed a right accrued [Abbott v. Minister for lands, 1895 AC 425, 431 : 72 LT 113 (PC)] ”, are not to be understood as supporting the view that if steps are taken under a statute for acquiring a right, the right accrues even if the steps taken do not reach the stage when the right is given [Director of Public Works v. Ho Po Sang, 1961 AC 901 : (1961) 3 WLR 39 : (1961) 2 All ER 721, 732, 733 (PC)] , nor do the said observations support the view that if no steps are taken for enforcement of a right come into existence, right the [Sakharam v. Manikchand Motichand Shah, AIR 1963 SC 354, 356, 357 (1962) 2 SCR 59. See further Hungerford Investment Trust Ltd. v. Haridas Mundhra, (1972) 3 SCC 684, 693 : AIR 1972 SC 1826, 1832; Lalji Raja & Sons v. Hansraj Nathuram, (1971) 1 SCC 974, 979; Zohrabi v. Arjuna, (1980) 2 SCC 203, 204 : AIR 1980 SC 101, 102; Kanaya Ram v. Rajender Kumar, (1985) 1 SCC 436, 441 : AIR 1985 SC 371; Bansidhar v. State of Rajasthan, (1989) 2 SCC 557, 571 : AIR 1989 SC 1614, 1621, 1622; Thyssen Stahlunion GmbH v. SAIL, (1999) 9 SCC 334, 373-74 : AIR 1999 SC 3923, 3947, 3948] . As explained by Sinha, C.J., the observations of Lord Herschell are only authority for the proposition that “the mere right, existing at the date of a repealing statute to take advantage of provisions of the statute repealed is not a right accrued [Sakharam v. Manikchand Motichand accrued 1971 721, AIR 728 not SC an : : W.P.(C) No.34769 of 2020 and batch Page 34 of 50 Shah, AIR 1963 SC 354 : (1962) 2 SCR 59] . Inchoate or contingent rights and liabilities i.e. rights and liabilities which have accrued but which are in the process of being enforced or are yet to be enforced are unaffected for clause (c) clearly contemplates that there will be situations when an investigation, legal proceeding or remedy may have to be continued or resorted to before the right or liability can be enforced [Plewa v. Chief Adjudication Officer, (1995) 1 AC 249 : (1994) 3 WLR 317 : (1994) 3 All ER 323, 331 (HL)] . Such a right or liability is not merely a “hope” which is destroyed by the repeal [Aitken v. South Hams District Council, (1995) 1 AC 262 : (1994) 3 WLR 33 : (1994) 3 All ER 400, 405 (HL)] . * * * It is submitted that as pointed out by Simon Brown, L.J., the two expressions are generally used in saving legislations to convey the same idea and are not mutually exclusive. Yet a possible distinction may be made between cases where some step, after the Act comes into force, is needed to be taken by the claimant for getting the right and cases where the Act, without anything being further done by the claimant confers the right. In the former class of cases, it would be a right acquired after the necessary step is taken whereas in the latter class of cases it would be a right accrued by mere force of the Act. * * * The right of a tenant, who has the land for a certain number of years and who has personally cultivated the same for that period “to be deemed to be protected tenant” under the provisions of a statute has been held to be an accrued right which will survive the repeal of W.P.(C) No.34769 of 2020 and batch Page 35 of 50 the Act the statute [Sakharam v. Manikchand Motichand Shah, AIR 1963 SC 354 : (1962) 2 SCR 59] . Similarly, a right conferred by an Act that every lease shall be deemed to be for a period of ten years is a right acquired and will [Hiralal repeal of be unaffected by Parbhubhai v. Nagindas Atmaram Khatri, AIR 1966 SC 367 : (1964) 6 SCR 773. For other vested rights in the context of landlord and tenant, see Ishverlal Thakorelal Almaula v. Motibhai Nagjibhai, AIR 1966 SC 459 : (1966) 1 SCR 367] . But the so-called right of a statutory tenant to protection against eviction under Control of Eviction Act is mere advantage and not a right in the real sense and does not continue after repeal of the Act. [Qudrat Ullah v. Municipal Board, Bareilly, (1974) 1 SCC 202 : AIR 1974 SC 396. The same result will follow if the Act ceases to apply to certain tenancies by an amendment made by the legislature or by a notification issued by the Government in exercise of a power conferred by the Act : D.C. Bhatia v. Union of India, (1995) 1 SCC 104; Parripati Chandrasekharrao & Sons v. Alapati Jalaiah, (1995) 3 SCC 709 : AIR 1995 (Even pending proceedings will be SC 1781. affected); Ambalal Sarabhai Enterprises Ltd. v. Amrit Lal & Co., (2001) 8 SCC 397 : AIR 2001 SC 3580 (pending proceedings will be affected).] Similarly on the reasoning that the right of a tenant to get standard rent fixed and not to pay contractual rent in excess of standard rent under a Rent Control Act is only a protective right and not a vested right, it has been held that when during the pendency of an application for fixation of standard rent, the Act is amended and it ceases to apply to the premises in question, the application is rendered incompetent and has to be dismissed as infructuous. [Vishwant Kumar v. Madan W.P.(C) No.34769 of 2020 and batch Page 36 of 50