GOPINATH PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in the Principal-in-charge-cum-Secretary of Saraswat Mahavidyalaya, Kuamara. He has approached this Court for quashing the order dated 6-1-1999 (Annexure-1) of the appellate authority, who, while rejecting the petitioner's appeal has affirmed the order of the Director, Higher Education, Orissa dated 6-7-1998 (Annexure-10) refusing to grant permission for opening of + 2 Science stream; increase of seats from 192 to 256 in + 2 Arts of the existing college and opening of new subjects - 'Education' with 64 seats from the session 1992-93.

(2.) The facts as appear from the record are that the institution in question was established in the year 1981. It got concurrence on 15-11-1986 and was admitted to the grant-in-aid fold with effect from 1-6-1994. Initially, the institution had + 2 Arts stream. But according to the petitioner, in view of the heavy demand from the public, it opened a + 2 Science stream from the academic session 1992-93. Though the students of the said year and subsequent years were permitted to undertake the examination, on 6-7-1998 vide Annexure-10, permission to open new + 2 Science stream was refused and the institution was directed not to admit any students in + 2 Science stream for the academic session 1998-99 and onwards. Permission to increase the roll strength in the + 2 Arts stream from 192 to 256 and that for opening of new subject 'Education' with 64 seats has also been refused by the said order. The appeal carried against the said order stood dismissed as is evident from Annexure-1.The case of the petitioner is that, in view of application for permission, the Deputy Director had directed the Principal of M.P.C College, Baripada to carry out an inspection of the petitioner's college and submit a report. Accordingly, an inspection was made by the Vice-Principal and a favourable report was submitted mentioning certain conditions to be fulfilled by the educational agency. According to the petitioner after fulfilling the said conditions an application was made for re-inspection and for grant of permission for opening of + 2 Science stream. Accordingly, as per the direction of the Deputy Director, + 2 education, the institution was inspected by the Principal, M.P.C. College, Baripada who gave a favourable report on the basis of which temporary permission was granted.It is also the petitioner's case that in the intervening period, because of heavy demand, students were admitted to the + 2 Science stream and vide order dated 31-12-1993 (Annexure-A/2) temporary concurrence was granted and the students were permitted to appear in the examination. Likewise permission was also granted to the students to appear for the session 1993-94 in English, M.I.L. (O), Physics, Chemistry, Mathematics and Biology vide Annexure-9(b) and further on 6-5-1995 (Annexure-9) temporary recognition was granted. Thereafter, the college was restrained from admitting any student.

(3.) The case of the opposite parties is that though the petitioner had not obtained any prior permission either for opening + 2 Science stream or the new optional subject or for any increase in the permitted roll strength in contravention of the rules, it had opened + 2 Science stream for the academic session 1992-93 and admitted students, increased the roll strength and admitted students in the new subject. In order to safe guard the interest of the students, the Government had no option but to grant temporary permission and as is clear from the order (Annexure-8 (a), it was confined to the students who had been admitted for the session 1992-93 only. In spite of this, the institution in question continued to admit students and as such, the authorities were compelled to, in order to safeguard the interest of the students, granted temporary permission. Ultimately, the application for grant of permission was rejected on the ground that there was no educational need and the existing optional subjects already available to the college are adequate to cater to the educational need of the students and accordingly, the institution was directed not to admit any student for the academic session 1998-99 and onwards without obtaining valid or temporary permission, as the case may be, from the prescribed authority.