Orissa High Court
WP(C)/16497/2020 on 27 July, 2020
Author: S.Panda
Bench: S.Panda
W.P.(C) NO.16497 OF 2020
02. 27.07.2020 Heard learned counsel for the petitioner and learned Addl.
Government Advocate.
2. The grievance of the petitioner-institution in this Writ Petition
is that the institution is running since 2016 with due permission
from the State Government in respect of Bachelor in Business
Administration (BBA), MA (PMIR) and Bachelor in Computer
Application (BCA) courses. The institution is affiliated to Utkal
University. It is stated that pursuant to the advertisement issued by
the Director of Higher Education inviting online applications for
grant of permission for establishment of new private educational
institutions including colleges as well as for opening of new
courses and increase of intakes in the existing courses, the
petitioner-institution has applied for grant of permission for
operating of new course i.e. M.F.C. - 64 seats and increasing of
intake in the existing courses i.e. from 60 seats to 96 in M.A.
(PMIR) and from 60 seats to 96 in BBA for the academic session
2020-21 onwards and also deposited the required fees. However,
no action has been taken as yet.
3. Learned counsel for the petitioner submitted that the
petitioner-institution has filed a representation before opposite
party No.1 on 12.03.2020 under Annexure: 7 ventilating its
grievance, which is still pending. He has further clarified that a joint
inspection is to be made by the prescribed authority as well as
University concerned, which has not yet been done for which the
BP Joint Secretary to the Government of Odisha in the Department of
Higher Education in its letter dated 30.09.2019 intimated to the
Director of Higher Education, Odisha and the Regional Director of
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Education, Bhubaneswar, Berhampur, Sambalpur, Balasore,
Jeypore the procedures to be followed in respect of new proposals
for the academic session 2020-21. However, the same has not yet
been complied with for which the present Writ Petition.
4. Section 6 (11) of the Orissa Education Act, 1969 stipulates
for grant of recognition to the institution and increase in seats as
well as opening of new faculties or courses. For better appreciation
the said Section is quoted hereunder :
"Grant of recognition may be restricted to any standard or
class or any stream or subjects or may extend to the whole
institution. The procedure laid down for grant of recognition
shall mutatis mutandis apply to applications for recognition
in respect of increase in seats, opening of new faculties or
courses, starting new subjects or opening of additional
sections."
In view of the above, the authorities should have taken steps
in accordance with the statutory provision and disposed of the
representation of the petitioner and result thereof should have
been communicated to the petitioner. However, the same has not
yet been done.
5. Considering the above, this Court disposes of this Writ
Petition with a direction to opposite party No.1 to dispose of the
representation filed by the petitioner-institution on 12.03.2020
under Annexure: 7 in accordance with the statutory provisions, as
expeditiously as possible, preferably within a period of six weeks
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from the date of receipt of this order after giving opportunity of
hearing to the petitioner and result thereof shall be communicated
to the petitioner-institution.
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S.Panda, J.