POLICY PLANNING BODY Vs. SILICON INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) ON 9.11.2010 after hearing the learned counsel for the parties, we passed the following orders: "....... The writ appeals are dismissed. Reasons to follow." The following are the reasons in support of dismissal of the writ appeals. The Writ Appeal Nos. 328, 329,330,331,332,and 333 of 2010 are filed by the Policy Planning Body (in short 'PPB') represented through the Member Secretary and Deputy Director (TE) and Writ Appeal Nos. 334, 335,336,337,338 and 365 of 2010 are filed by Biju Patnaik University of Technology (BPUT) being represented by its Vice-Chancellor have questioning the correctness of the common order dated 26.10.2010 passed in W.P.(C) Nos. 13272 of 2010 and connected writ petitions filed by the respective respondents-technical education institutions urging various facts and legal contentions.

(2.) THERE is no need for us to advert to the facts in the judgment except necessary facts that will be referred to while answering the points that would arise for consideration in these appeals.

(3.) IT is an undisputed fact, as urged by the learned counsel for the PPB, that more than 18000 seats allocated by the AICTE in various engineering courses are lying vacant. Therefore, there is no need for grant of permission in favour of the educational institutions in these appeals to start the second shift in various disciplines as it would affect imparting technical education in the backward areas of the State of Orissa since the students would prefer the colleges in the urban areas and therefore, grant of composite orders in favour of the educational institutions will defeat the object and intendment of the State Government to impart education in the backward areas of the State. This contention is wholly untenable in law in view of the fact that for the academic year 2010-11 the State Government in the Higher Education Department has issued No Objection Certificate to seven such educational institutions in the State. In this view of the matter , the contention that composite orders issued for starting second shift in favour of the educational institutions cannot be found fault with either by the State Government or by the PPB.