NDLI: State of Odisha & Another Vs. Anup Kumar Senapati & Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1969 Orissa Education Act Grant in aid benefits to the educational institutions Art. 14 s. 7C Equality Negative equality Repealed
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Orissa Education Act, 1969 (14 of 1969)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Education/Educational Institutions: Orissa Education Act, 1969 – s. 7C – Orissa (Non–Government Colleges, Junior Colleges and Higher Secondary Schools) Grant in aid Order, 1994 – Grant in aid benefits to the educational institutions – Entitlement of employees to claim grant in aid as admissible under the Order, 1994, after its repeal in the year 2004 by virtue of provisions contained in Order of 2004, which was further repealed by Order of 2008 and 2009 – Held: Grant in aid cannot be claimed under the Order of 1994, after its repeal – It cannot be claimed as a matter of right merely on completion of the prescribed period – It is dependent upon fulfilment of various conditions – Grant in aid has to be claimed within the period prescribed and the Director on good and sufficient cause shown may extend the period – It would not be possible for any Government within the economic capacity to release the grant in aid retrospectively – Furthermore, employees filing the applications after repeal of Order of 1994, cannot be said to be entitled for any relief – Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant in aid Order, 2004. Orissa (Non–Government Colleges, Junior Colleges and Higher Secondary Schools) Grant in aid Order, 1994 – Orissa (Non– Government Colleges, Junior Colleges and Higher Secondary Schools) Grant in aid Order, 2004 – Repeal of Order of 1994, by the Order of 2004 – Effect of – Held: It is clear from Paragraph 4 of the Order of 2004 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 – 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 – 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. Repeal: Effect of repeal – Held: What is unaffected by the repeal of a statute is a right acquired or accrued and not mere hope or expectation of or liberty to apply for acquiring a right – If under some repealed enactment, a right has been given, but on investigation in respect of a right is necessary whether such right should be or should not be given, no such right is saved – After repeal, an advantage available under the repealed Act to apply and obtain relief is not a right which is saved when the application was necessary and it was discretionary to grant the relief and investigation was required whether relief should be granted or not – Repeal would not save the right to obtain such a relief – Para 4 of the 2004 Order, repealing and saving of Order of 1994, no such right is saved in case grant in aid was not being received at the time of repeal nor it is provided that by applying under the repeal of the order of 1994, its benefits can be claimed – There was no vested, accrued or absolute right to claim grant in aid under the Act or the Order of 1994. Constitution of India: Art. 14 – Equality – Negative equality – Concept of – Held: There is no concept of negative equality u/ Art. 14 – In case the person has a right, he has to be treated equally, but where right is not available a person cannot claim rights to be treated equally – Negative equality when the right does not exist, cannot be claimed.
Judge	Hon'ble Mr. Justice Arun Mishra
Neutral Citation	2019 INSC 1034
Petitioner	State Of Odisha & Another
Respondent	Anup Kumar Senapati & Another
SCR	[2019] 12 S.C.R. 472
Judgement Date	2019-09-16
Case Number	7295

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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