ORISSA ENGINEERING COLLEGE Vs. STATE OF ORISSA

JUDGEMENT

(1.) ALL the writ applications arise out of dispute between the Management of Orissa Engineering College, Bhubaneswar, some of its employees and the State Government. Since in all of them common questions of law are involved based on same set of facts, on the request of the parties they were all taken up together for hearing and are disposed of in this judgment.

(2.) O .J.C. No. 3520 of 1996 has been filed by the management of the Orissa Engineering College thereinafter referred to as 'College') challenging the action of the State Government on the ground that the State Government has no control over the College in exercise of power under the Orissa Education Act, 1969 as the college is governed under the provisions of the All India Council for Technical Education Act, 1987 thereinafter referred to as the 'AICTE Act'). Another ground taken in the writ application is that the College being a privately managed one, the Orissa Education Act, 1969 (hereinafter referred to as the 'Orissa Act') has no application to it. O.J.C. No. 4502 of 2001 has been filed by some members of staff of the college challenging reconstitution of the Governing Body of the college as well as appointment of an Officer on special duty. O.J.C. No. 6049 of 2001 has been filed by members of the institution for an independent and impartial enquiry with regard to alleged mal administration and gross financial irregularities committed by the management.

(3.) ON the basis of pleadings the following questions, both factual and legal, arise for consideration :