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2013 Supreme(Ori) 369

IN THE HIGH COURT OF ORISSA: CUTTACK
B.N. MAHAPATRA, J.
W.P.(C) No.10717 of 2013
(Date of Judgment : 27.09.2013)
In the matter of an application under Articles 226 and 227 of the Constitution of India.
Centurion University of Technology
and Management, represented
through Pro-Vice Chancellor,
Ardhendu Mouli Mohanty ... Petitioner
Versus
State of Odisha and others ... Opp.Parties

Advocates:
For Petitioner:Mr. Y. Das, Senior Advocate, M/s. Rajjeet Roy and S. K. Singh
For Opp.Parties:Mr. Satya Sundar Das, [For O.P. Nos.2 and 3]
Mr. S. K. Samal, [For O.P. No.1-SME]

Headnote:1. NCTE REGULATIONS, 2009 - Regulations 7(2) and 7(3) - Role of the State Government in the matter of processing application for grant of recognition to any educational institution by the Regional Committee for a course or training in Teachers' Education as required under the regulation is mandatory - While granting such recognition, the Regional Committee is required to give due weightage to the recommendations or comments made by the State Government/UTS administration - If the Regional Committee finds that the recommendation made by the State Government/UT Administration is based on valid reasons it can refuse grant of recognition of any new institution or for increase of intake capacity in any existing institution. (Para - 29)

       2. ORISSA EDUCATION ACT, 1969 - Sec. 3(o) - Private Educational Institution means any educational institution which is not established and managed by Government of Odisha, the Union Government or Govt. of any other State. (Para - 34)

       3. ORISSA EDUCATION ACT, 1969 - Sec. 3(f) - "Educational institution" means 'any college or a junior c'ollege or a Higher Secondary School or any of the schools' defined under the Orissa Education Act or any institution imparting technical and professional education, special education and includes any movable and immovable properties of such school or colleges, as the case may be.

        (Para - 34)

       4. CONSTITUTION OF INDIA, 1950 - Art. 254 - In the event of any conflict/repugnancy between Central Act and State Act, Parliament Legislation on any subject would prevail over the State Act.

        (Para - 41)

JUDGMENT

B.N. MAHAPATRA, J. : This Writ Petition has been filed with a prayer for quashing letter dated 13.08.2012 issued by opposite party No.1-Special Secretary to Government, Department of School and Mass Education (Annexure-15), letter dated 29.11.2012 issued by opposite party No.2-Eastern Regional Committee, National Council for Teachers’ Education (Annexure-16) and letter dated 01.03.2013 issued by opposite party No.3-Member Secretary, National Council for Teachers’ Education (Annexure-17).

2.Petitioner’s case in a nutshell is as follows :

Petitioner-Centurion University of Technology and Management (for short, “petitioner-University”) was established under the Centurion University of Technology and Management Act, 2010 (for short, ‘the CUTM Act, 2010’) which came into force vide Government Notification dated 27.08.2010. It has its campus at Ramchandrapur, Jatni and at rasur village of Parlakhemundi in the district of Gajapati. The Department of Higher Education, Government of Odisha in exercise of its power under Sub-section (1) of Section 6 of the CUTM Act, 2010 established a University to be known as Centurion University of Technology and Management of Odisha vide Notification dated 23.12.2010 (Annexure-10). The said Notification dated 23.12.2010 was also published in the Orissa Gazette bearing Nos.2160 and 2161 dated 24.12.2010 under Annexures-4 and 5. In partial modification of the earlier Notification dated 23.12.2010 of Higher Education Department and in exercise of powers conferred under Section 6(1) of the CUTM Act, 2010, the State Government established the University at Rasur of Paralakhemundi in the district of Gajapati. The existing programmes and courses are running in its campus at Parlakhemundi and Bhubaneswar. The Joint Secretary to Government in Industries Department vide his letter dated 01.03.2011 (Annexure-7) intimated the Chairman, AICTE, New Delhi that CUTM has been established under CUTM Act, 2010; the Notification as regards formation of the said University has been published in the extraordinary Orissa Gazette vide No.338 dated 11.02.2011; the affiliated Colleges, viz., JITM and CIT of BPUT have been de-affiliated from BPUT vide Order No.3402 dated 25.02.2011 issued by the Industries Department, Government of Odisha and have become the constituent Colleges of CUTM. Therefore, the AICTE was requested to treat the aforesaid Colleges as constituent Colleges of CUTM as they ceased to be affiliated Colleges of BPUT. Opposite party No.4-Department of Higher Education in Government of Odisha in exercise of power conferred under Section 29(1) of the CUTM Act, 2010 approved the first statute of the petitioner-University, vide Notification dated 19.10.2011 published in the extra-ordinary issue of Odisha Gazette.

3.Further case of the petitioner is that the petitioner-University vide letter dated 18.04.2011 sought approval from opposite party No.1-Department of School and Mass Education to begin Bachelor of Education (B.Ed.) degrees and Certified Teacher (C.T.) training courses to produce quality and quantity professional teachers for Primary and Secondary Schools in Odisha and outside. In the said letter it was also mentioned that the petitioner-University has the power to establish Academic and Research facilities in such branches of learning as it may deem fit under Section 8(a) and (e) of the CUTM Act, 2010. As per the provision and regulations of National Council for Teachers’ Education Act, 1993 (for short, ‘NCTE Act, 1993’), the petitioner-University vide letter dated 21.09.2011 submitted an on-line application for establishment of a B.Ed. institution for the academic year 2012-13 at Pitambhal in the district of Rayagada. The petitioner-University had also deposited an amount of Rs.5,00,000/- for B.Ed. and Rs.3,00,000/- for C.T., apart from Rs.40,000/- towards application fees. Opposite party No.1 informed the petitioner vide its letter dated 17.10.2011 that before starting Training Courses on Teachers

















































































































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