2019 (9) TMI 1695 - SUPREME COURT

Entitlement to claim grant-in-aid as admissible under the Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-aid Order, 1994, after its repeal in the year 2004 by virtue of provisions contained in Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-aid Order, 2004 - private educational institution - applications not made within time limit prescribed - HELD THAT:- It is crystal clear from the scheme of the Order of 1994 that grant-in-aid has to be claimed within the period prescribed and the Director on good and sufficient cause shown may extend the period, otherwise it cannot be claimed. Even after completion of 5 years and 3 years period, as the case may be, there is no automatic accrual of right for receiving grant-in-aid. It is dependent upon the opinion of Director which educational institution/institutions shall be the best to cater to the need of the area.

The employees have filed representations to claim grant-in-aid under Order of 1994 belatedly for the first time in the year 2011-12 that too according to the directions of the High Court, which were rejected. Thereafter, they approached the Tribunal by way of filing original applications, whereas on completion of the qualifying period, the institution has to inform the Director to claim grant in aid. There is no material on record that the institutions have duly applied in the particular academic year and within the time fixed for making application as per the Order of 1994 and there is nothing on the record indicating that the requisite information was furnished. No such supporting documents have been placed on record - Fact remains that there is no order placed on record whether such prayer if any made by the institution had been rejected as per the Order of 1994. The representations which have been placed on record are of 2011-12, as the grant-in-aid is annual, dependent upon economic limits and financial viability of the State Government, it was too late in the day to file the original applications or writ petitions in the year 2011-12, claiming the benefit of grant-in-aid under the Order of 1994. In case employees/institutions were desirous of obtaining grant-in-aid under the Order of 1994, they ought to have taken the steps within the reasonable time in view of the fact that it cannot be claimed as a matter of right, but it depends upon annual budget and fulfilment of various factors as contained in the provisions of the Order of 1994.

The original applications filed belatedly after the repeal of the Order of 1994, could not have been entertained at all and the employees filing the applications after repeal of Order of 1994, cannot be said to be entitled for any relief owing to laches having slept over their right, if any, available under the Order of 1994.

Effect of the repeal of the Order of 1994, by the Order of 2004 - HELD THAT:- In case a college is receiving grant-in-aid, with respect to a post, shall continue to receive it under the Order of 1994, however, in case it was not receiving the grant-in-aid as saving of the Order of 1994 is only entitled for block grant under Paragraph 3(1), not eligible for receiving the grant-in-aid under the Order of 1994. The saving of Order of 1994 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 order of 1994.

In the present case, it is apparent that there is no absolute right conferred under the Order of 1994. The investigation was necessary for whether grant-in-aid to be released or not. It was merely hope and expectation to obtain the release of grant in aid which does not survive after the repeal of the provisions of the Order of 1994. Given the clear provisions contained in Paragraph 4 of the Order of 2004, repealing and saving of Order of 1994, it is apparent that no such right is saved in case grant-in-aid was not being received at the time of repeal. The provisions of the Order of 1994 of applying and/or pending applications are not saved nor it is provided that by applying under the repeal of the order of 1994, its benefits can be claimed. Grant was annual based on budgetary provisions. Application to be filed timely. As several factors prevailing at the relevant time were to be seen in no case provisions can be invoked after the repeal of the order of 1994. Only the block grant can be claimed.

It is apparent on consideration of Paragraph 4 of order of 2004 that only saving of the right is to receive the block grant and only in case grant in aid had been received on or before the repeal of the Order of 2004, it shall not be affected and the Order of 1994 shall continue only for that purpose and no other rights are saved.

The orders passed by the Tribunal and the High Court in favour of employees are not sustainable - The appeals filed by the State of Orissa are allowed and that of employees are hereby dismissed.