The Supreme Court recently criticised the Odisha government for the extensive delay noticed in pursuing its appeal in a case, terming its approach to be utterly lethargic and its justifications for the delay a "lame excuse." [State of Orissa & Ors. v. Managing Committee of Namatara Girls High School]

A Bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma pointed out that the State had repeatedly missed legal deadlines for filing appeals in the matter.

"We have found the State of Odisha to be 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 has been approached by the State of Odisha four months after expiry of the period of limitation," said the Court.

The Court reiterated that delays cannot be excused as a routine practice and must be backed by proper reasons.

"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," it observed.

The Court proceeded to reject the State's explanation that the delay in filing the appeal was not deliberate, but on account of procedural delays in obtaining approval from the higher authority.

"Despite all the latitude that is shown to a 'State', we are of the clear opinion that the cause sought to be shown here by the State of Odisha is not an explanation but a lame excuse," the Court said.

The appeal was tied to a legal dispute that began in 2011 when the school’s managing committee approached the State Education Tribunal seeking release of grant-in-aid (government financial support) under the Odisha Education Act, 1969.

In December 2013, the tribunal directed the State government and the Director of Secondary Education to release financial support for the school’s staff.

The Odisha government challenged the tribunal’s 2013 order before the High Court of Orissa, but only in October 2015.

Notably, the appeal was filed after the statutory deadline (limitation period) and without the required certified copy of the tribunal's order. This defect was not corrected for nearly eight years.

In April 2023, the High Court dismissed the appeal due to the absence of a certified copy of the tribunal order.

The State finally obtained the document in February 2024 and asked the High Court to restore the case and excuse the delay. However, the High Court rejected the request in February 2025, observing that the appeal had remained defective since 2015, amounting to a delay of more than a decade.

The State then approached the Supreme Court through a Special Leave Petition, which itself was filed late, and refiled with further delay after curing some defects.

The Supreme Court, in its February 9 order, examined the explanations submitted for the delays and found them insufficient.

It acknowledged that there are cases where a liberal approach was permitted when government bodies sought the condonation of delay. However, referring to the observations made in the case of Commissioner of Wealth Tax, Bombay v. Amateur Riders Club, Bombay, the Court pointed out that even such leniency has limits.

It observed that the State, in this case, had shown prolonged inaction, both before the High Court of Orissa and the Supreme Court of India.

The Court, therefore, refused to excuse the delay and dismissed the Special Leave Petition as time-barred.

Advocate Sanjana Saddy appeared for the State of Orissa.

[Read Order]