SUDHANSU SEKHAR SABAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an appeal under Clause -10 of the Letters Patent against the judgment and order dated 20.12.2013 passed by the learned Single Judge in WP(C) No.12869 of 2013, whereby and whereunder the learned Single Judge upheld the decision dated 23.5.2013 of the Government of Odisha in E&TE&T Department declaring the admission of the appellants' to B.Tech. Course in respondent no.4 - College for the academic year 2012 -2013 against non -reporting vacant seats illegal and cannot be regularized.

(2.) SHORN of unnecessary details, the short facts of the case of appellants are that they have qualified in the entrance test conducted by the Odisha Joint Entrance Examination Committee for the year 2012 (hereinafter referred to as "the OJEE -2012") and All India Engineering Entrance Examination, 2012 (hereinafter referred to as "the AIEEE -2012") conducted by the Central Board of Secondary Education. They are merit rank holder students. After closure of the 2nd round counselling of the OJEE -2012, seats in various private engineering colleges remained vacant because of the non -reporting of the students in the said colleges. Fourteen seven seats in respondent no.4 -college remained vacant due to non - reporting of the students in the said college. The OJEE -2012 held its final round of counselling starting from 12.10.2012 in which the OJEE did not include the vacant non -reporting seats of the institution. They appeared at the counselling centre. They were assured by the authorities of the OJEE that a special counselling would be held in respect of non -reporting vacant seats for some of the private engineering colleges. They did not participate in the 3rd round of counselling process in view of the fact that respondent no.4 -college is one of the premier colleges of the State and they were willing to get admission in the said college. The Policy Planning Body (hereinafter referred to as "the PPB") in its meeting dated 01.12.2012 decided for holding a special counselling in respect of vacant non -reporting seats. Accordingly, the OJEE issued notice on 03.12.2012 for holding a special counselling for the vacant non - reporting seats, for which they exercised their willingness to get admission in the respondent no.4 -college. As the PPB in its meeting held on 01.12.2012 took a decision for not deviating academic calendar of Biju Pattnaik University and Technology (hereinafter referred to as "the BPUT"), undertakings were taken from them as well as their parents by respondent no.4 -college and they were allowed to continue their courses against the vacant non -reporting seats awaiting regularization of their admission by the authorities concerned. Anticipating regularization of their admission by the State Government, they are continuing in B.Tech. Course in respondent no.4 -college. In April, 2013, the State Government regularized the admission of 10% management quota seats by ignoring their case, though the policy of PPB in its meeting held on 01.12.2012 decided to regularize the admission of willing students through OJEE counselling. They came to know that respondent no.1 took a unilateral decision on 23.5.2013 not to regularize the admission of the appellants. Hence, they filed writ application praying, inter alia, for a direction to the respondents to rectify and regularise their admission against vacant non -reporting seats in respondent no.4 -college and to issue registration number of the BPUT.

(3.) LEARNED Single Judge in an elaborate judgment came to hold that the earlier order dated 31.3.2009 passed in WP(C) No.15532 of 2008 is per incuriam. It is further held that there is no illegality or infirmity in the order dated 23.5.2013 passed by respondent no.1 and the appellants' admission in B.Tech. course in respondent no.4 -college for the academic session 2012 -2013 against non -reporting vacant seats is illegal and cannot be regularized.