ORISSA ENGINEERING COLLEGE Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner is the Orissa Engineering Cottage. Bhubansswar being represented by the President of its Governing Body. It is a private engineering college which was set up fn the year 1986 by charitable trust called 'Navjyoti Charitable Trust.' The college has received approval from all India Council of Technical Education to conduct degree course in engineering and is affiliated to the Utkal University.

(2.) THE controversy in this writ petition is with regard to the mode of filling up the vacant seats from the N. R. I. quota. The -Secretary to the Government of Orissa in the Industries Department in his order communicated in the letter dated 20 -12 -1995 at Annexure -6 has observed that 'in the event NRI students are not available against the NRI quota, the vacant NRI seats may be filled up only from the Joint Entrance Examination panel after obtaining approval from the State Government'. The petitioner being felt aggrieved by the said decision has filed this petition challenging it on the ground that it is contrary to the direction of the Supreme Court in the case of J. P. Unnikrishnan and other related cases. Counter affidavit has been fried on behalf of the State of Orissa -opp. party No. 1 supporting the impugned decision. It has been stated in the counter -affidavit that the decision to fill up the unfilled seats out of the NRI quota on the basis of the Joint Entrance Examination panel is fair and the said decision has been taken with a view to impart technical education of high standard.

(3.) WE here carefully considered the submissions made by the counsel on both sides and are of the considered opinion that filling up of vacant seats from out of the NRI quota seats is at the discretion of the management. This position seems to be clear from the order dated 13 -5 -1994 passed by the Supreme Court in the case of T.M.A. Pai Foundation which has been extracted in paragraph -7 of the judgment of the Supreme Court in T.M.A. Pai Foundation v. State of Karnataka : AIR 1995 SC 1938. We may quote the relevant part which reads as follows : 'Order dated May 13,1994 deals with two aspects.,.......... We, however, make it clear that in case any seat in the NRI quota remains unfilled, the same can be filled by the Management at its discretion. (Underlining supplied) In the case at hand, as already noticed, the discretion of the management to fill up the unfilled seats cannot be said to be arbitrary or whimsical in view of the clear stand taken by the petitioner in the additional affidavit filed on 26 -8 -1996 wherein it has been stated that the unfilled NRI quota seats will be filled up by inter se merit of students securing minimum 60 per cent marks or above in the qualifying examination in single sitting.