State of Odisha & Ors. Vs Managing Committee of Namatara Girls High School (Supreme Court of India)
The matter arose from proceedings initiated by the Managing Committee of a girls’ high school before the State Education Tribunal, Odisha, seeking release of grant-in-aid under Section 24B of the Odisha Education Act, 1969. By order dated 30 December 2013, the Tribunal directed the State of Odisha and the Director of Secondary Education to release grant-in-aid to the teaching and non-teaching staff.
The State filed an appeal before the High Court on 16 October 2015. The appeal was time-barred and was not accompanied by a certified copy of the impugned order. For nearly eight years, the certified copy was not filed. On 26 April 2023, the High Court dismissed the appeal for failure to file the certified copy. The State subsequently obtained the certified copy on 13 February 2024 and filed an application seeking recall along with an application for condonation of 291 days’ delay. On 21 February 2025, the High Court rejected the condonation application, observing that the appeal was inherently defective and that delay exceeded 11 years.
The State challenged the High Court’s order by special leave petition. There was a delay of 123 days in filing the petition and a further 96 days in re-filing. The explanation cited procedural delays in obtaining approvals and asserted absence of deliberate intent. The State relied on earlier decisions advocating a liberal approach in condoning delay when the Government is the applicant, particularly Collector, Land Acquisition, Anantnag v. Mst. Katiji and Ramegowda v. Land Acquisition Officer, which recognized institutional decision-making and procedural red tape.
