KNOWEDGE TRUST Vs. STAT EOF ORISSA

JUDGEMENT

(1.) THE controversy in all these writ Petitions/misc. Cases is with regard to admission of students in professional courses like Engineering, Medical, MBA, mca as well as some other similar courses.

(2.) SECTION 3 of the Orissa Professional educational Institutions (Regulations of admission and Fixation of Fees) Act, 2007 stipulates as follows :-

(3.) AFTER completion of Examination results were published by JEE and 34,835 students qualified and became eligible to. take admission in different professional colleges. It appears from the submissions made at the Bar that the total number of seats existing in different professional colleges which were approved by the All India Council for technical Education (for short AICTE)in all disciplines was 15,337. Observing all paraphernalia Centralized Counselling was commenced by JEE for sponsoring names of the students out of the select list to different Institutions in order of merit and choice. It is pertinent to mention here that in consonance with the policy and guidelines framed as well as the decision of the hon'ble Supreme Court, out of the total number of seats, 15% was meant to be filled up by the Management, but then out of the jee list; 15% was to be filled up by students selected through All India Entrance examination; and balance 70% was to be filled up by JEE, 2007 - Orissa through counselling. While counselling was in the process, AICTE granted approval to some of the existing colleges to enhance/increase the number of seats in different disciplines. AICTE also granted approval for establishment of new colleges, with intake capacity of 240 students each (approximately) in different disciplines. For the sake of brevity and better appreciation, relevant portion of one of the letters of approval issued by AICTE is quoted hereinbelow :-