SILICON INSTITUTE OF TECHNOLOGY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The facts and points of law involved in the aforesaid six cases being identical, they were heard together and the following common order is passed thereon.

(2.) For the sake of convenience and to understand the issue, the facts in W.P.(C) No. 13272 of 2010 are referred. The Petitioner-institution therein was established in the year, 2001 to cater to the need of qualitative higher technical studies of students. It imparts four years B. Tech Degree course and 2 years M.C.A. course apart from other higher technical approved studies. It has been duly approved by AICTE and affiliated to Biju Pattnaik University and Technology (in short B.P.U.T.) from the year of its establishment.

(3.) With a view to increase the Gross Enrolment Ration (GER) in technical education to 30% by the year 2020, the AICTE allowed the institutions already approved, established and affiliated to apply for establishing 2nd shift so that the existing infrastructure, laboratory, library etc. can be optimally utilized and cost effective education can be given to the intending students. The present GER in India is very low being 13-14%, and in the State of Orissa, it is much less than the national average. Accordingly, the AICTE in its web-site invited applications from the eligible interested existing technical, educational institutions for approval to start 2nd shift B. Tech course. Accordingly, the present Petitioner duly submitted its application to AICTE with copy to the State Government and B.P.U.T. seeking approval for introduction of 2nd shift B. Tech course in its institute for the current academic session 2010-11. After thorough inspection and scrutiny and keeping in mind the need of the State of Orissa, the AICTE accorded approval to the Petitioner-institution in respect of 60 seats in each of two disciplines, viz., "Computer Science and Engineering" and "Electronic & Telecommunication" for the current academic session 2010-11 vide notification dated 30.6.2010 in its web-site. Thereafter, the Petitioner-institution submitted application along with required fees to B.P.U.T. for grant of affiliation to the above 120 seats in 2nd shift B. Tech course 2010-11 along with its existing courses, but without any reason, it is sitting over the matter. The Petitioner-institution vide its letter dated 30.6.2010 and 8.7.2010 apprised the fact of approval to the Orissa Joint Entrance Examination (J.E.E. in short) and State Government authorities respectively so as to enhance the seat matrix for JEE-E Counselling. However, they did not do it. Hence, the present Petitioner-institution along with all other five similarly placed institutions have filed the writ petitions with substantially, the following reliefs: