BIJU PATNAIK UNIVERSITY Vs. SAIRAM COLLEGE

JUDGEMENT

(1.) IN this writ appeal, challenge has been made to the order dated26.10.2009 passed by a learned Single Judge of this Court in W.P.(C) No.1771 of 2009.

(2.) THE brief facts of the case are as follows: Sairam College represented through its Chairman filed W.P.(C) No.1771 of 2009before this Court with a prayer to issue a writ of mandamus directing Biju PatnaikUniversity of Technology (in short, "BPUT") to issue degree certificates to 67 students ofthe College, who had already appeared in the University Examinations within areasonable period and to act in terms of the decision of All India Council for TechnicalEducation (in shor, "AICTE") for One Time Approval in respect of the said students.Sairam College was earlier affiliated to Kalinga University of Chhatisgarh. THE aforesaid67 students were prosecuting their studies in B. Tech (Bio Technology) from the session2003 onwards. In the year 2005, the apex Court in the case of Professor Yaspal &another V. State of Chhatisgarh & others reported in AIR 2005 SC 2026 heldChhatishgarh Niji Kshetra Vishwavidyalaya (Sthapana Our Viniyaman) Adhiniyam,2002 as ultra vires and in order to protect the interest of the students who may beactually studying in the Institutions established by such University directed that theInstitutions established by such private Unsiversity may take appropriate measures toget such institutions affiliated to the already existing State University in Chhatishgarh.Subsequently in SLP ( C ) No.10506 of 2005 filed by one Ray University against theState of Chhatisgarh and others, the apex Court clarified the earlier order and observedthat the affiliation must necessarily be sought only with an already existing StateUniversity at Chhatisgarh. THE Institutions of the erstwhile private Univerisity, ifotherwise eligible, may apply and seek affiliation with any other University which hasjurisdiction over the area where the institution is functioning and is empowered under therelevant Rules and Regulations and other provisions of law applicable to the saidUniversity to grant affiliation. (Emphasis supplied). In pursuance of the said decision ofthe apex Court, AICTE issued a policy for grant of approval to the different privateUniversities of Chhatisgarh wherein the Category-I relates to grant of approval forproposed new institutions and Category-II relates to grant of One Time Approval toprotect the interest of the students already reading in such educational institutions/studycentres. On 10.1.2006 the Registrar, BPUT issued a letter to the Regional Officer,AICTE about joint inspection to be conducted by the Director, Technical Educational &Training, Orissa. THE Registrar, BPUT, for verification of enrolment of the students invarious streams in Sairam College, Bhubaneswar which was the Study Centre of theerstwhile Kalinga University, intimated that BPUT had no objection to allow the studentsalready admitted to Sairam College to complete their courses under the University,subject to the rider that certain terms and conditions had to be fulfilled. THE terms andconditions contained in the said letter dated 14.1.2006 are as follows: