Supreme Court Declines to Excuse Government Delay: Key Lessons on Condonation of Delay
Background of the Dispute
The litigation originated from a claim for grant-in-aid under Section 24B of the Odisha Education Act, 1969. The Managing Committee of Namatara Girls’ High School approached the State Education Tribunal, Odisha, seeking release of grant-in-aid for its teaching and non-teaching staff.
By order dated 30 December 2013, the State Education Tribunal, Bhubaneswar directed:
- The State of Odisha, and
- The Director of Secondary Education, Odisha
to release the sanctioned grant-in-aid to the school’s employees in the manner prescribed by the Tribunal.
The State authorities chose to challenge this order, setting off a long chain of delays, procedural lapses, and eventually a categorical refusal by the Supreme Court of India to condone the delay.
Proceedings Before the High Court
Filing of Time-Barred Appeal
On 16 October 2015, the State of Odisha filed an appeal (FAO No. 582 of 2015) before the High Court of Orissa at Cuttack questioning the Tribunal’s order dated 30 December 2013. This appeal suffered from two significant defects:
Limitation issue:
- The appeal was filed beyond the prescribed limitation period, i.e., time-barred on the face of it.
Procedural defect – Missing certified copy:
- The State did not annex the certified copy of the impugned Tribunal order with the appeal, which is a basic procedural requirement.
Despite being on record since 2015, the appeal remained defective. For almost eight years, no certified copy of the Tribunal’s order was placed on the High Court’s file.
High Court’s Dismissal of the Appeal
On 26 April 2023, the High Court dismissed the State’s appeal primarily on the ground that:
The certified copy of the Tribunal’s order dated 30 December 2013 was never filed, rendering the appeal defective and non-maintainable.
At this stage, the State had already demonstrated a lengthy period of inaction—both in presenting a time-barred appeal and in failing to cure the defect for years.
State’s Subsequent Attempts to Revive the Appeal
Belated Procurement of Certified Copy
Following dismissal of the appeal, the State machinery finally acted. The certified copy of the Tribunal’s order dated 30 December 2013 was obtained only on 13 February 2024, more than ten years after the original order and almost nine years after filing the appeal.
Recall Application and Condonation Request
A week after obtaining the certified copy, the State filed:
- Application for recall of the High Court’s dismissal order dated 26 April 2023 (
I.A. No.165 of 2024), and - Application for condonation of delay (
I.A. No.126 of 2025) claiming 291 days’ delay.
On 21 February 2025, the High Court considered the condonation application and made crucial findings:
- The appeal filed on 16 October 2015 without a certified copy was “inherently defective” from inception.
- The effective delay in challenging the Tribunal’s 2013 order was more than 11 years.
Given these facts, the High Court refused to condone the delay. Consequently, the recall application also failed as time-barred.
Special Leave Petition Before the Supreme Court
Delay in Approaching the Supreme Court
The State of Odisha challenged the High Court’s order dated 21 February 2025 by way of a special leave petition (SLP) before the Supreme Court. However, even at this stage, the pattern of delay continued:
- 123 days’ delay in filing the SLP; and
- Additional 96 days’ delay in re-filing the SLP after curing defects.
Explanation Offered for Delay
In its condonation application (IA No.34867 of 2026), the State advanced a very brief and generic justification. The relevant extracted portion stated: