State Of Odisha And Others vs Managing Committee Of Mukteswar .... ...
2025 Latest Caselaw 8147 Ori

Orissa High Court

State Of Odisha And Others vs Managing Committee Of Mukteswar .... ... on 11 September, 2025

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                              RVWPET No.213 of 2018

            State of Odisha and others                ....             Petitioners
                                                              Mr. J.K. Ray, ASC

                                         -Versus-
            Managing Committee of Mukteswar           ....       Opposite Parties
            National High School and others

                                                      Mr. K.K. Swain, Advocate
             CORAM:
                          JUSTICE DIXIT KRISHNA SHRIPAD

                                          ORDER

11.09.2025 I.A. No. 236 of 2018 Order No.

04. The challenge in the FAO No.484 of 2015 was to the Odisha Educational Tribunal's order dated 31.08.2013. A Coordinate Bench of this Court, vide order dated 16.03.2018, had dismissed the said FAO on the ground of delay.

2. The State has filed this review petition, of course, with the usual delay, as would happen in other cases.

3. An application seeking condonation of delay is also moved supported by affidavit. A plausible explanation has been given for the delay brooked.

4. Learned counsel appearing for the OPs, in all fairness, submits that application be allowed and delay be condoned.

In the view of the above, the application is favoured and delay in filing the RVWPET is condoned.

The I.A. is disposed off.

                                                             ( Dixit Krishna Shripad )
                                                                      Judge


   Order No.                                           RVWPET No.213 of 2018

05. Learned counsel for the OPs submits that this Court in RVWPET No.234 of 2012 and other connected RVWPETs between Sri Sugyan Choudhury v. State of Odisha disposed off vide judgment dated 25.08.2025 has held that review of the kind is not maintainable in the absence of enabling provision in the Odisha Education Act, 1969. There is force in this submission. Since similar review petitions this Court had already made, i.e., RVWPET No.74 of 2019, it has to follow the same, there being no option.

In the above circumstances, the review petition is dismissed as not maintainable.

This order shall not come in the way of review petitioners seeking redressal elsewhere in accordance with law.

( Dixit Krishna Shripad ) Judge

Anisha

Location: High Court of Orissa, Cuttack Date: 12-Sep-2025 10:39:27