Education Act, 1969 (Odisha) - Ss. 7, 24C - Orissa Education (Establishment, Recognition and Management of Private Colleges) Rules, 1991 - Rr. 22, 29 - Orissa (Non-Government Aided Colleges, Aided Junior Colleges and Aided Higher Secondary Schools) Grant-in-Aid Order, 2009 - Suitability and eligibility of a candidate. Anjan Kumar Nanda v. State of Odisha, 04-09-2018
Education Act, 1969 (Odisha) - S. 24C - Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 1994 - Eligible Educational Institutions - Eligibility, criteria for consideration for Block Grant - Components and admissibility of Block Grant - Rate and disbursement of Block Grant. Pradeep Kumar Baral v. State of Odisha, 04-09-2018
Employment - Advertisement - Eligibility Condition - Equivalent Condition - the stipulation made in the advertisement is to be adhered to and there cannot be any deviation. If the advertisement contains any eligibility condition, the candidature is to be tested on the basis of the same. If in the advertisement, there is no stipulation to treat the equivalent certificate as the eligibility condition, the authority cannot take it into consideration. Advertisement, is strictly to be followed and there cannot be any deviation from the same. Anjan Kumar Nanda v. State of Odisha, 04-09-2018
Employment - Selection Committee or the Selection Body - Power of Relaxation - Educational Qualification - Relaxation can only be given if there is any power to relax, which is the essential qualification. Anjan Kumar Nanda v. State of Odisha, 04-09-2018
Employment - Selection Process - the selection process, if once started, cannot be changed on the settle principle of law that once the game starts, the rule cannot be changed. Anjan Kumar Nanda v. State of Odisha, 04-09-2018
Employment - Advertisement - Qualification - Equivalent Certificate - Acharya Examination Certificate - If the equivalent certificate was being treated to be equivalent and considered for accepting the candidature, the same should have been reflected in the advertisement so that the other candidates having Acharya Examination Certificate might have got an opportunity to participate in the selection process. Anjan Kumar Nanda v. State of Odisha, 04-09-2018
Prevention of Corruption Act, 1988 - Ss. 13(2) r/w. 13(1)(e) - Special Courts Act, 2006 (Orissa) - S. 17 - Special Courts Rules, 2007 (Orissa) - Confiscation of Properties / Pecuniary Resources - In the case in hand, at the appropriate stage of the confiscation proceeding or trial, if evidence is adduced that even though the property in question stands recorded in the name of ‘X’ but it is ‘Y’ who has purchased the property in the name of ‘X’ or in other words, ‘X’ is not the actual owner of the property, the same has to be considered and decided in accordance with law and this is not the stage to give any finding in respect of benami transaction particularly on the basis of a petition filed by a person who is not a party to the confiscation proceeding. Ahalya Padhi v. State of Orissa, 05-09-2018
Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 - Whether the petitioner’s case for restructuring / Rephasement is possible and whether it is not a wilful defaulter and the Bank’s action in proceeding under the SARFAESI Act is illegal in view of the fact that there is possibility of restructuring/rephasement and, therefore, the same has to be adhered to by the Bank. Mahal Industries v. Government of India, 05-09-2018
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