S SUDHIR KUMAR PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners in 1hese writ applications are the 2nd year students of 5 years' Integrated Master -in -Computer Application Course (hereinafter referred to as the 'M.C.A.') in private educational institutions, namely; National Institute of Information Science, Bhubaneswar, Sudhir Singh Memorial Institute of Technology, Cuttack; Orissa Academy of Science, 361 -A, At - Patrapada, Bhubaneswar. The State Government granted permission to the respective Educational Agencies to establish those private educational institutions to offer five years' Integrated M.C.A. Course.

(2.) IT appears that several Educational Agencies including the Agencies of the aforesaid four institutions submitted a proposal to the State Government and Utkal University for introducing Five Years' Integrated M.C.A. Course from the Session 1999 -2000. The Board of Studies of Utkal University considered the said proposal and after due consideration recommended introduction of several new courses in different subjects including Five years' Integrated M.C.A. Course. The proposal of the Board of Studies was placed before the meeting of the Academic Council held on April 29,2000 and the Academic Council approved introduction of the said Five Years' Integrated M.C.A. Course under the School of Mathematics, Statistics and Computer Science of the University. After introduction of the said Course, the High Power Committee requested the Registrar of the Utkal University to frame guidelines for the purpose of conducting the said M.C.A. Course by private institutions. In pursuance of the said request, the University framed guidelines and sent to the Department of Higher Education, Government of Orissa. On the basis of the guidelines framed by the Utkal University, the Appellate Authority (the Minister -in -charge) accorded permission to four Educational Agencies to open Five Years' Integrated M.C.A. Course (in short, 'disputed M.C.A. Course') for 30 students from the Session 2000 -2001 and 60 students from the Session 2001 -2002, The said decision of the Appellate Authority was communicated by the Director of Higher Education by his Office Order dated March 19, 2001. After obtaining permission from the State Government the said four Institutions started admitting students and applied to Utkal University for affiliation after depositing the necessary course fee, process fee and part of the academic fee. As the University yet did not take any final decision and was not holding any examination for the said disputed M.C.A. Course, one of the educational institutions, viz. National Institute of Information Science, Bhubaneswar filed O.J.C. No. 11103 of 2001 before this Court. In the said O.J.C., this Court directed the Utkal University to complete formalities for affiliation within a period of fifteen days. In view of the said direction of this Court, the University asked the Institute to fulfil the conditions mentioned in their letter dated November 8, 2001 for the purpose of grant of affiliation. Admittedly, none of the Institutions has got any approval from the All India Council for Technical Education (in short, 'A.I.C.I.E.'). As those Institutes have not got approval of the A.I.C.T.E., the University has not granted affiliation to any of the said Institute. Being aggrieved, the students of the said four Institutions have filed these writ applications for directing the Utkal University to hold examination of Five Years' Integrated M.C.A. Course for the students of those private Institutions,

(3.) MR . Mohapatra, learned Advocate appearing for the University has explained the relevant facts and pointed out that under the provisions of the A.I.C.T.E. Act and the guidelines, University has no right and authority to hold examination for the said disputed course.