VIVEK KAMDAR Vs. PRINCIPAL CHRIST COLLEGE

JUDGEMENT

(1.) Both the writ applications have many things in common in essence raise quite a number of similar disputes and are therefore disposed of by this common judgment. The writ application (O.IC No. 3751 of 1998) has been filed by a student of Christ College, who was denied permission to appear at +2 Science Examination of 1998 conducted by the Council of Higher Secondary Education, Orissa (hereinafter referred to as the 'Council'). The prayer was denied on the ground that his admission was irregular and the College admitted him and other students beyond the sanctioned number of seals'. The other writ application (OJC No. 2046 of 1998) has been filed by the College, challenging action of the authorities in refusing to accept the prayer to increase number of seats.

(2.) A brief reference to the almost undisputed factual position would suffice. Number of sanctioned seats was 256 in +2 Science. Prayer was made sometime in 1994 by the College to increase seats from 256 to 384. There were other prayers also like permission to open Computer Science with 48 seats, increase of seats in +2 Arts from 256 to 384, and opening of Sociology subject with 48 seats in +2 Arts. The High Power Committee functioning under the Orissa Education Act, 1969 (in short, the 'Act') refused the prayers on the ground that the students have been unauthorisedly admitted beyond the sanctioned strength and there were serious allegations regarding irregularities in admission and management.; An appeal was preferred Under Section 5(8) of the Act before the appellate authority. The Minister, P and C and Higher Education, Orissa, the appellate authority, rejected the appeal inter alia holding that there was no need for increase of seats either in +2 Arts or Science. Reference was made to sanctioned number of seats and candidates offered in both +2 Arts and +2 Science streams during the years 1990 to 1997. So far as 1997 is concerned, it was indicated that there were 13 unauthorised admissions. The Principal of the College by notice dated 10.3.1998 notified that in case of 58 students, admit cards have not been issued by the Council which had refused to accept their application forms to sit in +2 Science Council of Higher Secondary Examination of 1998. Similarly in respect of 42 students of+2 Arts it was notified that they had opted for Sociology in their Examination application forms and as such will not be allowed to appear in the said subject.

(3.) FIRST we shall deal with writ application of students. In the counter affidavit filed by the Deputy Controller of Examination of the Council, it has been indicated that though several writ applications were filed by the College including OJC Nos. 1707 and 3962 of 1997, they did not yield any result. The College authorities have also not acted bona fide as would be evident from the fact that it submitted returns of Matriculates in respect of 314 students on 30.4.1997 out of which 50 students were shown to have taken transfer certificates. As the college had permission to admit only 256 students, and 50 were shown to have taken transfer certificate, as per the Rules of the Council, those students were issued with registration numbers. Such registration numbers are issued to the college in which a student takes initial admission, irrespective of the fact of his having taken transfer certificate. The Council only issued registration numbers in respect of 306 students and registration certificate in respect of 8 students were withheld by the Council as their admission was beyond the permitted strength. While submitting forms and fees for the annual 1998 Examination, the college authorities submitted forms for 256 students. Out of them there were 210 students about whom return of Matriculates was submitted through petitioner -college, and 46 students who were shown to have been admitted to the said college after taking transfer certificates from other colleges. Thus, the Council accepted 256 forms for which the college had been permitted admission. It is not in a position to know as to why the other students who were shown in the return of Matriculates were not presented to appear in the Annual 1998 Examination. The college in its counter has stated that on the basis of assurance held out it had admitted students. There was pressure and/or request from various persons by telephone, personal contacts and by letters. Several influential and important persons including the present Minister of Higher Education had requested to admit their recommended students, backed with the assurance that thcrequired permission shall be granted with retrospective effect. Acting on such assurances the students were admitted. Some of the letters purported to have been written by dignitaries have been annexed.