STATE OF ODISHA & ORS. versus MANAGING COMMITTEE OF NAMATARA GIRLS HIGH SCHOOL

Citation: [2026] 3 S.C.R. 103 · Decided: 09-02-2026 · Supreme Court of India · Bench: DIPANKAR DATTA, SATISH CHANDRA SHARMA · Disposal: Dismissed
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Judgment (excerpt)

[2026] 3 S.C.R. 103 : 2026 INSC 148
State of Odisha & Ors. 
v. 
Managing Committee of Namatara Girls High School
(Special Leave Petition (C) Diary No. 54941 of 2025)
09 February 2026
[Dipankar Datta and Satish Chandra Sharma, JJ.]
Issue for Consideration
Issue arose as regards the applications for condonation of delay 
in filing the special leave petition and condonation of delay in  
re-filing the same.
Headnotes†
Limitation Act, 1963 – Condonation of delay – Respondent-
Managing Committee of the School filed application for release 
of grant-in-aid – Tribunal allowed the application by directing 
the State and the Director to release grant-in-aid in favour of 
the teaching and non-teaching staff of the school – State filed 
appeal which was time-barred as also not accompanied by 
the certified copy of the impugned order – For a period of 8 
years, the State did not file the certified copy of the impugned 
order – High Court dismissed the appeal for failure to file the 
certified copy of the tribunal’s order – Thereafter, the State 
obtained the certified copy of the tribunal’s order and filed 
application seeking recall of the order by the High Court, 
alongwith the application for condonation of delay of 291 
days – High Court rejected the application for condonation of 
delay resulting in the application for recall being dismissed 
as time-barred – Challenge to:
Held: Condonation of delay cannot be claimed as a matter of right – 
It is entirely the discretion of the Court whether or not to condone 
delay – No cause, much less sufficient cause, has been shown 
for exercise of discretion in favour of the State of Odisha – Nature 
of explanation in the application for condonation of delay is such 
that with much ado, the proceedings could be closed – However, 
since the expression ‘sufficient cause’ employed by the legislature 
in s.5 is adequately elastic to enable the courts to apply the law in 
a meaningful manner which subserves the ends of justice and in 
view of the submission made, the matter was considered in some 
104
[2026] 3 S.C.R.
Supreme Court Reports
depth – State of Odisha utterly lethargic, tardy and indolent not only 
before the High Court but also before this Court – Notwithstanding 
that its appeal was dismissed as time-barred by the High Court, this 
Court was approached by the State of Odisha four months after 
expiry of the period of limitation – Despite all the latitude shown 
to a “State”, the cause sought to be shown here by the State of 
Odisha is not an explanation but a lame excuse – No case for 
exercise of discretion set up – Applications for condonation of delay 
in filing the special leave petition and condonation of delay in re-
filing the same, rejected, and the special leave petition dismissed 
as time-barred – Odisha Education Act, 1969. [Paras 12, 13, 20-22]
Case Law Cited
Collector, Land Acquisition, Anantnag v. Mst Katiji [1987] 2 SCR 
387 : (1987) 2 SCC 107; G. Ramegowda v. Land Acquisition Officer 
[1988] 3 SCR 198 : (1988) 2 SCC 142; Postmaster General v. 
Living Media India Limited [2012] 1 SCR 1045 : (2012) 3 SCC 
563; University of Delhi v. Union of India [2019] 16 SCR 1259 : 
(2020) 13 SCC 745; Pathapati Subba Reddy v. Collector(LA) 
[2024] 4 SCR 241 : (2024) 12 SCC 336; Sheo Raj Singh v. Union 
of India [2023] 13 SCR 743 : (2023) 10 SCC 531; Commissioner 
of Wealth Tax, Bombay v. Amateur Riders Club, Bombay (1994) 
Supp. 2 SCC 603 – referred to.
List of Acts
Odisha Education Act, 1969; Limitation Act, 1963.
List of Keywords
Condonation of delay in filing the special leave petition; Condonation 
of delay in re-filing; Release of grant-in-aid; Certified copy of the 
order; Recall of the order by High Court; Expression ‘sufficient 
cause’.
Case Arising From
CIVIL APPELLATE JURISDICTION: Special Leave Petition (C) 
Diary No. 54941 of 2025
From the Judgment and Order dated 21.02.2025 and 26.04.2023 
of the High Court of Orissa at Cuttack in IA No. 126 of 2025 in 
FAO No. 582 of 2015, respectively
[2026] 3 S.C.R. 
105
State of Odisha & Ors. v.  
Managing Committee of Namatara Girls High School
Appearances for Parties
Advs. for the Petitioner(s):
Ms. Sanjana Saddy, Ms. Shailja Singh.
Advs. for the Respondent(s):
Nagendra Kasana, Mahendra Kumar Sahoo, A Deb Kumar,  
Mrs. A Deepa, Mrs. Neeta Kasana, Mrs. Anjana Kasana,  
Binod Ch Sabat.
Judgment / Order of the Supreme Court
Order
1.	
Respondent-Managing Committee of Namatara Girls’ High School1 
had approached the State Educat
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