DEBABRATA DASH, J. - (1.) In this appeal, the challenge is to the order dated 08.03.2016 passed by the learned State Education Tribunal in G.I.A. No. Case No. 216 of 2013 holding the respondents who are the teaching and non-teaching staff of Bharati High School, Kankili in the district of Angul as being entitled to their salary component as per the Grant-In-Aid Order, 1994 with effect from 01.06.1994. The parties hereinafter have been referred to as they have been arraigned before the Tribunal.
(2.) Facts essential for the purpose of this appeal may be stated hereunder:- Bharati High School, Kankili in the district of Angul has been established since the year 1987, followed by the recognition from the Board of Secondary Education Orissa for opening of class VIII during academic session 1988-89 and thereafter for class IX and X. First batch of students of the school have appeared in the Annual High School Examination in the year 1991. After coming into force of the Grant-In-Aid Order, 1994, pursuant to the incorporation of the provision of section 7-C for Orissa Education Act, 1969 by Orissa Education Amendment Act, 1994, on being asked, the managing committee of the school in accordance with the provision in the said Order submitted the proposal to the Inspector for release of grant-inaid as per GIA Order 1994. Since no action was taken on that, it is stated that several representations had been made before opposite party no. 1 and 2. It is further stated that although some similarly situated schools were sanctioned with the grant-in-aid in terms of GIA Order, 1994, yet the case of the applicants who are the staffs of the concerned school did not find favour with. However, after coming into force of Grant-in-Aid Order, 2004 the appointment of the applicants no. 1 to 9 were approved under GIA Order, 2004 and those of applicant nos. 10 and 11 were approved under GIA Amendment Order, 2008. The applicants then had filed GIA Case No. 108 of 2008. However, without adjudication, the Tribunal had disposed of the case for proper examination by the opposite parties. Finally the claim having been rejected, the applicants moved the Tribunal again.
(3.) The opposite parties in their counter state that the claim has been rejected basing on the report of opposite party no.2. The reason is that the first batch of students appeared in Annual H.S.C. Exam. in the year 1991 and in the year 1991, 1992 and 1993 out of 40, 40 and 50 students, 10, 18 and 23 students have passed out which falls below the State average. It is further stated that the school is not fulfilling the eligibility criteria under GIA Order, 1994.;