SILICON INSTITUTE OF TECHNOLOGY Vs. STATE OF ODISHA

JUDGEMENT

(1.) THESE Writ Petitions have been filed with a prayer to issue appropriate writ or writs in the nature of mandamus or any other appropriate form directing opposite parties, including authorities of the State Government and opposite party No.3-OJEE to allow the member institutions of petitioner No.1-association with other petitioner-institutions to fill up 10% approved intake of their respective institutions out of the reserved quota B. Tech (Engineering) seats earmarked under Section 9(3) of the Orissa Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2007 (hereinafter referred to as 'the Act, 2007') and in accordance with the principle and ratio laid down by this Court in W.P.(C) No. 11154 of 2012 and Writ Appeal Nos. 334 of 2012 and 74 of 2013 under the supervision of OJEE as well as in respect of approved intake for M. Tech Engineering, MCA and MBA seats out of OJEE merit list and other entrance examinations to be held by approved centralized agency.

(2.) MR . S.K. Padhi, learned Senior Advocate appearing for the petitioners referring to his written note of submission submitted that all the members of petitioner No.1-association including petitioner Nos.2, 3 and 4 are coming under the definition of Private Professional Educational Institution as defined under Section 2(s) of the 'Orissa Act, 2007'). Consequent upon the judgment delivered by the Bench consisting of eleven Judges of the Hon'ble Supreme Court in the case of T.M.A. Pai Foundation vs. State of Karnataka, (2002) 8 SCC 481, the All India Council for Technical Education and Training (AICTE) has formulated its Regulations/Guidelines vide its Interim Regulation notified on 07.03.2003 in exercise of its power conferred under Section 23 read with Sections 10(b), 10(j) and 10(o) of the AICTE Act, 1987 inter alia with regard to filling up the NRI quota seats. In paragraph-2 of the said Regulations, AICTE has conferred ample authority on the concerned State Government to prescribe certain percentage of seats which can be reserved for admission by the Management of Technical Institutions in accordance with the local needs; however, while fixing the limit of such seats it is stipulated that the same shall not exceed 15% of the sanctioned intake. The issue relating to NRI/Management quota seats in the case of T.M.A. Pai Foundation (supra) had further been dealt with by two subsequent Constitution Bench of the Hon'ble Supreme Court in the cases of Islamic Academy of Education and other vs. State of Karnataka and others, AIR 2003 SC 3724 and P.A. Inamdar and others vs. State of Maharashtra and others, AIR 2005 SC 3226. Referring to paragraph-128 of P.A. Inamdar (supra), Mr. Padhi submitted that the Hon'ble Supreme Court noticed that 15% NRI seats were to be filled up depending upon the discretion of the Management subject to satisfying the conditions as mentioned in the said judgment.

(3.) IT was submitted that challenging the above noted impugned actions of the OJEE and the authorities of the State Government, the petitioners had filed W.P.(C) No. 11154 of 2012 before this Court. The said writ petition was allowed by the learned Single Judge holding that it is open to the petitioner-institutions to fill up 10% of the approved intake capacity of the institutions under the Management quota and those seats shall be filled up from OJEE merit list under the supervision of OJEE-2012 Committee. Challenging the said judgment of the learned Single Judge, the OJEE preferred writ appeals bearing W.A. Nos. 344, 371, and 373 of 2012 before the Division Bench of this Court, which were dismissed by a common judgment dated 13.12.2012 confirming the judgment of the learned Single Judge holding that the learned Single Judge was justified in holding that the provisions of Section 9 of the Orissa Act, 2007 regarding Management NRI quota in 2007 still holds the field. Another writ appeal bearing W.A. No.74 of 2013 was filed by the OJEE before a Division Bench of this Court and the same was also dismissed. Last year the OJEE had complied with the direction of the aforesaid judgment passed by this Court allowing the member institution to fill up their vacant 10% quota seats from the OJEE rank holders under the supervision of the OJEE.