JUDGMENT :

S. PANDA, J. – Petitioner, in the present writ application, challenges the order dated 1.6.2013 issued by the Additional Secretary to Government by way of corrigendum in not allowing the petitioner's institution to open +2 Science College, Koradakanta in the district of Khurda in spite of the recommendation made by the High Power Committee in its meeting dated 22.5.2013 communicated to the petitioner's institution on 30.5.2013.

2. The petitioner's institution namely, Gandhi +2 Science College, Koradakanta in the district of Khurda considering the educational need of the locality wanted to establish +2 Science College and therefore formed a Governing Body. To obtain prior permission as required under Section 5 of the Orissa Education Act (in short, "the Act") read with Rule 4(2) and 19(1) of the Management Rules, 1991 (in short, "the Rules") the institution filed application before the prescribed authority with required documents. After receiving the application, the Joint Regional Director of Education, Odisha, Bhubaneswar inspected the institution on 18.2.2013 and submitted a report on 15.3.2013. The said report was considered by the High Power Committee in its meeting held on 22.5.2013. The said Committee on the aforesaid date also considered applications filed by the different institutions to accord prior permission for establishment of educational institutions. After due scrutiny of the applications filed by the different educational institutions, the applications are placed before the High Power Committee for grant of permission, recognition etc. The said Committee again scrutinized those applications so also the recommendations made by the respective Regional Directors who have submitted their reports after inspecting the institutions. After due deliberation, the High Power Committee passed order with regard to grant of permission for opening of new colleges as per the statutory provision. On 22.5.2013, the High Power Committee considered 203 proposals recommended by the Regional Directors. The Committee on consideration allowed 52 applications by granting permission to establish educational institution and rejected 133 applications so also deferred 19 applications. The said order of the Committee was communicated on 27.5.2013 alongwith the list of institutions to whom permission were granted and to whom permission was not granted and whose cases were deferred. In the said list allowing the permission at Annexure-3, the name of the petitioner's institution is reflected at serial No. 63. The prescribed authority after receiving the said lists on 27.5.2013 in its letter No. 12114/RDE dated 30.5.2013 communicated to the petitioner's institution under Annexure-4. In the said letter it was clearly stated that the proposal for opening of +2 Science College in the name of Gandhi +2 Science College, Koradakanta, Jharpada, Bhubaneswar, dist-Khurda has been considered and allowed by the HPC in their meeting held on 22.5.2013 from the session 2013-14 subject to fulfilment of the conditions within a period of one month time failing which no extension of time shall be allowed. Those conditions are regarding deposit of money, an affidavit with undertaking that the institution shall not claim any financial or additional financial aid from Government at any point of time and till such time the institution is inspected and conditions are found to be fulfilled to the satisfaction of the Prescribed Authority the institution shall not admit students and college should have separate land recorded in its name and should abide by the fee structure decided by the Fee Structure Committee. While the matter stood thus, just the next date the impugned corrigendum was issued by Addl. Secretary to Government who has no authority to change the decision of the High Power Committee. Hence, the present writ petition.

3. Learned counsel for the petitioner submitted that the petitioner's institution is to start functioning by admitting the students