NVIRON LEARNING FOUNDATION Vs. STATE OF ODISHA

JUDGEMENT

(1.) Nviron Learning Foundation, as a Public Charitable Trust represented through its Managing Trustee, has filed this writ petition seeking to quash notification no. SDTE-PDE-I-Poly-0026-2017-3622/ SDTE dtd. 27/7/2022 under Annexure-7, as well as the order of rejection of the petitioner's application for affiliation, vide letter no. 12694 (4) dtd. 30/9/2022 under Annexure-10. The petitioner has further prayed to issue direction to the opposite parties to grant affiliation to its institution to run Post-Diploma in Industrial Safety (PDIS) Course from the academic session 2022-23, on the basis of the application submitted on 26/4/2022 under Annexure-3 series and the inspection report dtd. 21/7/2022 of the inspection team under Annexure-6. The petitioner has made an alternative prayer to direct the opposite parties to treat its institution at par with the existing institutes and make applicable the AICTE approval to it from the academic session 2025-26, as is the case for existing institutes running with PDIS course.

(2.) The factual matrix of the case, in precise, is that the petitioner-trust was formed through a deed registered on 18/4/2022 with its office located at Plot No. 1610, Mahanadi Villa, Cuttack. The petitioner-trust in its executive meeting held on 22/4/2022 resolved to establish a new technical institute and applied to SCTE and VT for approval to start "Nviron Institute of S.H.E." to offer Post-Diploma in Industrial Safety (PDIS) Course. Pursuant to the aforesaid resolution, the petitioner duly applied on 26/4/2022 to opposite party no.1 for No Objection Certificate (NOC) to establish such institution to offer PDIS Course. Opposite party no.1 forwarded the petitioner's application dtd. 26/4/2022 to the opposite party nos. 2 and 3 requesting them to conduct a joint inspection to verify the availability of infrastructure and faculty to run the institution with PDIS courses and submit a report in that regard. The opposite party no.2 formed an inspection team, vide order dtd. 9/6/2022, to conduct inspection of the infrastructure, faculty and other necessary amenities of the petitioner's institution as per affiliation norms of SCTE and VT, Odisha. Pursuant thereto inspection was conducted by the inspection team on 21/7/2022 and a report was submitted to DTET on 30/7/2022 recommending the petitioner's institution to get affiliation to run the PDIS course. The said report was forwarded by the DTET to the State Government further recommending the grant of affiliation to the petitioner's institution. As such, the petitioner's institution complied with the requirements as sought by the inspecting team in the meantime.

(3.) Mr. B. Routray, learned Senior Counsel appearing along with Mr. Shantanu Das, learned counsel for the petitioner vehemently contended that in the notice dtd. 2/4/2022 issued by the SCTE and VT-opposite party no.2 it is clearly stated that all the institutions offering Diploma programmes approved by the AICTE, to seek affiliation from SCTE&VT, Odisha. Similarly, the institutions offering PDIS Course, if approved by the Government of Odisha, are also required to seek affiliation from SCTE&VT, Odisha before admitting students to PDIS Course for the academic session 2022-23. Thereby, it is contended that approval from AICTE was never a pre-requisite for obtaining affiliation from SCTE&VT for running the PDIS Course and as per the guidelines issued by the Government, the petitioner's institution not only complied every paraphernalia but the inspection team constituted by the DTET has also recommended the petitioner's institution to run the PDIS Course. It is further submitted that instead of considering the case of the petitioner's institution for affiliation on the basis of the recommendation made by the inspection team, opposite party no.1 published the notification dtd. 27/7/2022 stating therein that the institutions intending to start new Post-Diploma Course shall have to obtain approval from AICTE, while applying for affiliation to SCTE&VT for admitting students into any such Courses, with regard to running PDIS Courses in existing institutions, as AICTE affiliation shall be made mandatory from 2026-27. Therefore, it is contended that the application submitted by the petitioner's institution and the recommendation made by the inspection team has been rejected, referring to notification dtd. 27/7/2022, which amounts to non-application of mind. It is further contended that the guidelines so issued on 27/7/2022 will have prospective effect in absence of any specific rider that it should be applied retrospectively. It is further contended that since the notice was published on 2/4/2022 inviting applications for affiliation for offering PDIS Course for the session 2022-2023 and in compliance of the same the petitioner's institution made its application in terms of the existing guidelines and accordingly the inspection was conducted and recommendation was made for grant of affiliation, the same should not have been rejected on 30/9/2022 relying upon the notification dtd. 27/7/2022. Thereby, the impugned order under Annexure-10 dtd. 30/9/2022 rejecting the application of the petitioner's institution for affiliation is an outcome of non-application of mind, which is liable to be quashed.