KANAKMANJARI INSTITUTE OF PHARMACEUTICAL SCIENCES REPRESENTED THROUGH SRI BARADA PRASAD BHOL. Vs. BIJU PATNAIK UNIVERSITY OF TECHNOLOGY (BPUT)

JUDGEMENT

(1.) THE Petitioner is a professional institution established under the Kanak Manjari Trust to impart education in Pharmacy in the year 1982. The All India Council for Technical Educational (for short, 'the AICTE') has accorded its approval to the Petitioner - institution which is valid till 2011. The Petitioner - institution is affiliated to Biju Patnaik University of Technology (in short, 'the BPUT').

(2.) IT would be worthwhile to mention here that the State of Orissa by virtue of Orissa Act 4 of 2007, i.e., Orissa Professional Educational Institutions (Regulation of Admission & Fixation of Fee) Act, 2007 provided for regulation of admission & fixation of fee etc. for professional educational institutions. The vires of the said Act was challenged before this Court & this Court by various petitions, in one of which was the Petitioner - institution was the Petitioner, i.e., in W.P.(C)No.3207 of 2007. This Court by its Judgment dated 18.5.2007 declared the Act 4 of 2007 to be unconstitutional which was struck down holding the same to be inoperative & invalid & not binding on the Petitioners in the said Writ Petitions. The State of Orissa has challenged the said Judgment of this Court in S.L.P bearing Nos. 10329 of 2007 & 10330 of 2007, which have been registered as Civil Appeals before the Supreme Court. The Supreme Court passed the following order on 18.5.2007:

(3.) MR . Narasingh, Learned Counsel for the Petitioner - institution contended that the BPUT Act, 2002 came into force on 14.6.2002 which provides for establishment & incorporation of a Technological University in the State of Orissa. Section 5 of the said Act deals with the power & functions of the University & Section 5(ii) deals with affiliation. Section 16 prescribes the authorities of the University. Section 19(1) provides for an Academic Council & Section 20 prescribes the powers & functions of the Academic Council. He further referred to Section 32 of the said Act, which prescribes that the academic Council may, subject to the approval of the Board, make regulations consistent with the said BPUT Act & the Statutes. According to Mr. Narasingh, exercising such power conferred Under Section 32 of the BPUT Act, regulations for M. Tech./M. Pharm were approved in the first meeting of the Academic Council held on 5.7.2003. He further submitted that the Act 4 of 2007 was enacted to regulate admission to private professional educational institutions & "Professional Educational Institutions" as defined in Section 2(s)(v). The functions of the PPB provided in Act 4 of 2007 has also been prescribed in Section 4 of the said Act, which would clearly show that when the Act is in operation, which prescribes the modalities of admission & assignment of specific role to the PPB, the action of the University in issuing the impugned advertisement is wholly without jurisdiction & in contravention of the provisions of the Act 4 of 2007. Therefore, the admission of candidates made in pursuance thereof are liable to be declared as invalid in terms of Section 4(10)(a) of the Act 4 of 2007.