Education/Educational Institutions:
Odisha Professional Educational Institutions (Regulation of Admission and Fixation of Fees) Act, 2007: ss. 3(1) and 3(2) – Method of admission in professional educational institutions – On facts, amid covid outbreak, issuance of circular by All India Council for Technical Education (AICTE), by which the eligibility criteria for students taking admission to vacant seats for the PGDM/MBA courses relaxed – Admission based on marks scored by aspirants in the qualifying examination instead of the statutory requirement that all admissions have to be based on centralized entrance test – Subsequently, clarification letter by AICTE that circular issued by it only pertained to PGDM/MBA courses and not B. Tech courses – In a writ petition, the High Court allowed institutions to grant of admission to students for B.Tech (Engineering) Degree Course on the basis of the marks obtained in the qualifying examination – High Court while holding that there was an error apparent in the letter issued by AICTE, issued mandamus that the same benefit should be given to students of the Engineering degree stream as was granted to students for PGDM/MBA courses – On appeal, held: Direction by the High Court to the State Government to admit students to the B. Tech Degree Courses on the basis of the marks obtained in the qualifying examination contrary to the terms of s. 3(1) – AICTE clearly indicated that B. Tech courses cannot be placed at par with PGDM/MBA courses and left it to the decision of the State Government – State Government was duty bound to comply with provision s of s.3(1) – Thus, the High Court not justified in issuing mandamus – Order passed by the High Court set aside – However, students granted admission under the direct entry and under the lateral entry to the B.Tech Degree Courses not to be disturbed – Constitution of India – Art. 142.
Disposing of the appeal, the Court
HELD: 1.1 The direction by the High Court to the State Government which operates as a mandamus to admit students to the B.Tech Degree courses on the basis of the marks obtained in the qualifying examination is expressly contrary to the terms of Section 3(1) of the Odisha Professional Educational Institutions (Regulation of Admission and Fixation of Fees) Act, 2007. It was in this context that the earlier order of the High Court dated 24 December 2020 left it to the AICTE and the State Government to take an appropriate decision in regard to extending the same benefit which was extended to PGDM/MBA students to the students aspiring for admission to the B.Tech Degree courses. AICTE, in the course of its letter, had clearly indicated that the B.Tech degree courses cannot be placed at par with the PGDM/MBA courses and, hence, it was left to the State Government to take an appropriate decision. It is rightly submitted that the actual decision which was taken by the State Government on 7 January 2021 proceeded on an erroneous interpretation of the letter which was addressed by the AICTE, that AICTE had not approved of the course of action. However, that does not obviate the position that the State Government is duty bound to comply with the provisions of Section 3(1) which hold the field in the State of Odisha. In this backdrop, the High Court was not justified in issuing a mandamus to the State Government in the teeth of the provisions of the statute, more particularly Section 3(1). The judgment of the High Court proceeded on a misconception of law and is set aside. [Para 11, 12][392-G-H; 393-A-D]
1.2 The 592 students have taken admission under direct entry and 243 students have taken admission under lateral entry in the B.Tech degree courses in pursuance of the direction of the High Court. The Court cannot be unmindful of the impact of the Covid-19 pandemic. The number of students who actually could appear for the entrance examination is a small proportion of the total number of seats available in the State. To displace such a body of students who have already been admitted would not be in the interests of justice. Hence, in exercise of the jurisdiction under Article 142 of the Constitution, for the current year, the admission which has been granted by the institutions to
592 students under direct entry and 243 students under lateral entry to the B.Tech degree courses should not be disturbed. This direction is passed having regard to the overwhelming hardship faced during the course of the Covid-19 pandemic. It is directed that the admission of the said students would not be disturbed [Para 13, 14][393-E-H; 394-A]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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