SANJAYA MEMORIAL INSTITUTE Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners, who are Sanjaya Memorial Institute of Technology and its President, have assailed the the validity of Section 2(i) of the Orissa Education (Amendment Act, 1991 by which Clause (f) of Section 3 of the Orissa Education Act, 1969 (hereinafter, the Act) was amended by substituting the words 'or any institution imparting technical education in the State' ''for the words 'other than an institution for technical education not under the control of the Education Department of the State Government'.

(2.) CLAUSE (f) aforesaid is a part of the definition section and has defined the expression 'educational institutions'. The effect of the amendment is that any institution imparting technical education in the State has become an educational institution. The validity has been assailed on the ground that the State Legislature had no competence to enact inasmuch as the field is covered by Entry 66 of List I of Schedule VII of the Constitution of India. That Entry reads as below ; '66 Co -ordination and determination of standards in institutions for higher education or research and scientific and technical institutions. ' There is, however, another entry relating to technical education and the same is Entry 25 of List III. That is in the following language ; '25. Education, including technical education, medical education and Universities, subject to the provisions of Entries 63, 64, 65 and 66 of List l, vocational and technical training of labour.'

(3.) SHRI Pal appearing for the petitioners submits that a perusal of the counter affidavit filed on behalf of opp. party Nos. 1 to 5 which include the State would show that the amendment was to regulate and ensure standard of technical education in the State', as stated in paragraph 4. Learned counsel urges that this would attract Entry 66 of List I, But then, the further reading of paragraph 4 as well as what has been stated in paragraph 7 would make it clear that the amendment is really meant 'to prevent mismanagement of technical institution', or the subject -matter of the amending Act is 'establishment, recognition and management' of technical institution. This subject -matter, according to us, would be covered by Entry 25 of List III, as it does not deal with standard of the institution, What has been stated in paragraph 4 is about standard of technical education and not technical institution.