ALAKANANDA PHILONTHROPIC TRUST Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners in W.P.(C) No. 5330 of 2014, which are Trusts as well as the members of Orissa Private Engineering School Association (OPESA), writ petitioner in W.P.(C) No. 6242 of 2014, imparting technical education in Diploma Engineering Courses in their respective institutions, have filed these Writ Petitions challenging the action of the State Government for not acting in terms of the decision of the Policy Planning Body (PPB) dated 20.12.2013 as well as the norms prescribed by All India Council for Technical Education (AICTE) regarding admission to Diploma Engineering Courses for the Session 2014-15. Petitioners further challenge the notice dated 14.02.2014 published in the local daily newspaper "The Samaja" in fixing tentative date for holding Diploma Entrance Test 2014 (for short, 'DET 2014') and notice dated 09.03.2014 published in the local daily newspaper "The Samaja" fixing schedule for DET 2014 on the ground that such notices are contrary to the decision of the PPB.

(2.) The grievance of the petitioners in a nut shell is that though as per the norms of the AICTE, Entrance Test is not mandatory for admission to Diploma Courses like other under-Graduate and Postgraduate Courses and that the PPB, which is the apex Body under the Orissa Professional Educational Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 (for short, 'Act, 2007'), has clearly recommended in its meeting dated 20th December, 2013 to abolish DET on the basis of a report of a Sub- Committee and further recommended to go for admission on the basis of Higher Secondary Certificate marks with effect from academic Session 2014- 15, the State Government instead of acting in terms of the said decision has illegally published the notice dated 09.03.2014 fixing schedule for DET 2014. According to the petitioners, all of them are imparting Diploma Engineering Courses duly approved by the AICTE under the AICTE Act. The number of seats of the above institutions in different Diploma Engineering Courses both Private and Government institutions comes to 39,319 which include 34,000 seats approximately in respect of Private managed Polytechnic/Engineering Schools, which are the members of the petitioners' Association. Diploma Engineering and Non-Engineering courses were brought under the purview of Act, 2007 by virtue of Notification dated 18.06.2010. Thereafter, admission to all the Courses, both engineering and non-engineering in all the institutions were held through DET followed by other counseling. Second Diploma entrance test was also conducted as per the recommendation of the PPB to fill up vacant seats. During the academic Session 2010-11, even after giving admission through DET, large number of seats also remained vacant in most of the private Engineering Schools. As per the eligibility norms prescribed for taking admission in different Diploma Engineering courses by AICTE during the academic session 2011-12, a candidate is required to pass HSC with minimum 35% marks. The AICTE has not prescribed any entrance examination for admission to Diploma courses. However, AICTE has made entrance test mandatory for admission into Under-Graduate and Postgraduate courses. The PPB in its meeting held on 24.11.2011 decided that the Government in Industries Department had to take a decision in the matter of giving admission in the vacancies without going for any entrance test. During the academic session 2011-12, Directorate of Technical Education and Training (DTET) made advertisement for counseling for admission to Diploma Non-engineering courses at institution level, wherein the students were allowed to take admission on the basis of qualifying marks secured, i.e., 35% marks at 10th standard. For the academic Session 2013-14, since no action was taken by the PPB to fill up large number of vacant seats in different engineering courses in private Engineering schools after first counseling was over, the Odisha Private Engineering Schools Association finding no way out, approached this Court in W.P.(C) No.14030 of 2013 with a prayer to direct opposite parties to conduct the second DET and allow the counseling to be made pursuant to second DET. The Writ Petition was disposed of by a learned Single Judge of this Court directing to hold the second DET keeping in view that large number of seats were lying vacant in various institutions. The said judgment of the learned Single Judge was challenged in Writ Appeal before a Division Bench of this Court, wherein the Division Bench of this Court was pleased to direct for second DET within a stipulated period for the Session 2013-14. Even after the second DET, a large number of seats could not be filled up due to shortage of candidates. During the academic Session 2014-15, several representations were made by several private Engineering Schools' Association to the authorities to discontinue the entrance test and allow admission to Diploma courses on merit basis as per the marks secured in the qualifying examination. The above request of the petitioners was not acceded to by the present opposite parties. Hence, the present writ petitions.

(3.) Mr.Sanjit Mohanty and Mr.B.Routray, learned Senior Advocates appearing for the petitioners submitted that as per the AICTE process Hand Book, which is a Regulation of the AICTE for the session 2013-14 Entrance Test, is not mandatory for admission in diploma courses. In many States, admission to diploma course is being made on the basis of the merit of qualifying examination, i.e., 10th standard marks. Opposite party No.2- Department of Technical Education and Training has also invited applications through advertisement from intending orthopaedically handicapped students for admission to Diploma Engineering and Non-Engineering courses under persons with disability Scheme of M.H.R.D. Government of India, wherein 75 number of supernumerary seats in different Government Engineering Schools/Polytechnics were advertised and admission in those 75 numbers of seats was made on the basis of the marks secured in the qualifying examination, i.e., 35% of the marks secured in the 10th standard examination. The method of admission, i.e., e-admission to +2 courses in the Colleges throughout the State takes two and half months time, but the method of admission adopted for Diploma Engineering courses, conducted by the DTET, takes more than seven months time to complete the entire process of admission and large number of seats are lying vacant due to such method of admission adopted by the opposite parties. The decision of the PPB dated 22.11.2013 to abolish the Diploma Entrance Test is based on expert opinion which cannot be disregarded by the Government without any further adequate material.