JUDGMENT :

VINEET SARAN, J.

The paper book of this case is very voluminous, parties are many and learned counsel have advanced lengthy arguments, but the point involved in this petition in short is whether the University or its constituent colleges are required to take approval of the All India Council for Technical Education (for short 'AICTE') for increase in the number of seats for admission of students or opening of new branches in their institutions.

2. The petitioner, Orissa Private Engineering College Association (for short 'OPECA') is an association of professional and technical colleges in the State of Odisha and has filed this writ petition for a direction to the AICTE not to accord approval in respect of the increased intake of students by the institutions owned by the State Government, its Universities and constituent colleges, unless they fulfill all the requirements prescribed by the AICTE. It is further prayed for passing directions to ensure that no institution be allowed to increase its intake of students and open/add new courses and programmes and admit students without valid approval of the AICTE for the session 2015-16 onwards.

3. Opposite party No.1 is the AICTE which regulates the professional and technical institutions; opposite party No.2 is the State of Odisha; opposite parties No. 3, 5, 6 and 11 are the constituent colleges of Biju Patnaik University of Technology (B.P.U.T.); opposite party No.4 is a Government College affiliated to B.P.U.T.; opposite party No.7 is Veer Surendra Sai University of Technology, Burla; opposite party No.8 is the 'Policy Planning Body'; opposite party No.9 is the Orissa Joint Entrance Examination (OJEE) Committee and opposite party No.10 is B.P.U.T.

4. The brief facts of this case are that for the session 2015-16, the University, as well as its constituent colleges and also its affiliated college run by the State Government, have increased the number of seats in their institutions, admission to which is granted through the OJEE.

5. The AICTE is a Council established under the All India Council for Technical Education Act, 1987 with a view to the proper planning and coordinated development of the technical education system throughout the country. It has to function for the promotion of qualitative improvement of such education in relation to planned quantitative growth and the regulation and proper maintenance of norms and standards in the technical education system. The main object and purpose of such enactment is to vest the powers under the AICTE as a statutory authority for planning, formulation and the maintenance of norms and standards, accreditation, funding of priority areas, monitoring and evaluation, maintaining parity of certificates and awards and ensuring the coordinated and integrated development of technical and management education. Further, it seeks to provide statutory powers to the AICTE to ensure:

(i) proper planning and coordinated development of the technical education system throughout the country;

(ii) promotion of qualitative improvement of technical education in relation of planned quantitative growth, and

(iii) regulation of the system and proper maintenance of norms and standards.

6. B.P.U.T. is a State Government University constituted under the Biju Patnaik University of Technology Act, 2002 (for short, 'B.P.U.T. Act, 2002'), and like other Universities, the said University is also governed and controlled by the University Grants Commission Act, 1956. In the year 2007, the State Government enacted the Orissa Professional Institutions (Regulation of Admission and fixation of Fee) Act, 2007 and under the said Act, the Orissa Joint Entrance Examination (OJEE) Committee was constituted, which holds the examination and counseling for admission in various technical institutions of the State. Under Section 37 of the B.P.U.T. Act, 2002, the opposite party No.3, College of Engineering and Technology (CET), was included as a constituent college of the B.P.U.T. Sub