Orissa High Court

WA/144/2025 of STATE OF ODISHA Vs MANAGING COMMITTEE OF PANCHAYAT HIGH SCHOOL, JAMURDA on 12 August 2026

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of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.144 of 2025 ODHC010020702025 State of Odisha & Others …. Appellants Mr. Umesh Chandra Behura, AGA -versus- Managing Committee of Panchayat High School, Jamurda, Bargarh …. Respondent Mr. D.N. Rath, Advocate CORAM: HON’BLE

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.144 of 2025

ODHC010020702025

State of Odisha & Others

….

Appellants

Mr. Umesh Chandra Behura,

AGA

-versus-

Managing Committee of

Panchayat High School,

Jamurda, Bargarh

….

Respondent

Mr. D.N. Rath, Advocate

CORAM:

HON’BLE MR. JUSTICE K.R. MOHAPATRA

HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO

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ORDER

12.08.2026 Order No.

01. I.A. No.251 of 2025 & W.A. No.144 of 2025

1. This matter is taken up through Hybrid Mode.

2. This is an application for condonation of delay.

3. S.R. has pointed out that there is no delay in filing the Writ Appeal. As such no order is required to be passed in the I.A.

4. Accordingly, the I.A. is disposed of.

5. Mr. Rath, learned counsel for the Respondent submits that the Writ Appeal is not maintainable against the order dated 20.02.2024 passed in F.A.O. No.641 of 2019 which was filed under Section 24-C of the Education Act, 1969. He also relies upon the ratio in the case of Laba Kumar Rath vrs. State of Odisha

& others reported in 2025 (I)-ILR-CUT-1 in which the larger Bench of this Court has held as under: “33. In view of the above noted discussions, we answer the questions referred to the Full Bench as under:

(i) An intra-court appeal shall not lie against a judgment/order passed by a learned Single Judge of this Court on an appeal under Section 24-C of the Odisha Education Act, 1969 which is a Special Act.

(ii) We respectfully disagree with the view taken by the Division Bench of this Court in case of Prasanna Kumar Sahu (supra) which is not a legally correct view on the point of maintainability of an intra-court appeal. The Division Bench order in case of Arabinda Panda (supra) (dated 29.09.2021 passed in W.A. No.143 of 2016) does not indicate that a writ appeal is maintainable against an order passed by a learned Single Judge of this Court exercising appellate power under a Special Act.

(iii) We accordingly hold that an intra- court appeal shall not lie against an order passed by a learned Single Judge of this Court exercising appellate jurisdiction under a Special Act.”

6. Mr. Behura, learned Additional Government Advocate appearing for the appellant submits that there cannot be any dispute to the ratio in Laba Kumar Rath (supra).

7. In view of the above, the Writ Appeal is dismissed being not maintainable.

8. The dismissal of the Writ Appeal however shall

Amit/Rajesh not be a bar for the appellant to work out remedy, if any, available under law.

(K.R. Mohapatra)

Judge

(Mruganka Sekhar Sahoo)

Judge

Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Aug-2026 09:46:51 Signature Not Verified

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