The main legal point established in the judgment is the court's authority to issue directions to the State Government to address the issue of filling up vacant seats in private engineering colleges.

JUDGMENT :

K.R. MOHAPATRA, J.

Petitioner, namely, Orissa Private Engineering College Association (for short, ‘OPECA’) is an association of self- financed Engineering Colleges (for short, ‘the Institutions’) as well as MCA and MBA Colleges situated in the State of Odisha. They have approached this Court with a prayer to direct the State Government/Policy Planning Body (PPB)/Odisha Joint Entrance Examination (OJEE) and its authorities to hold 2nd OJEE-2017 for filling up of vacant seats of B.Tech (Engineering), MCA and MBA courses in respective institutions for academic year 2017-18.

2. Shorn of unnecessary details facts relevant for adjudication of this case are that like previous years, the number of students appearing in JEE (Main) to take admission in B.Tech (Engineering), MCA and MBA courses have been reducing significantly. In the current year, only about 45,000 students have appeared in the JEE (Main), 2017, as a result of which almost 70% of seats in various institutions remained vacant out of the total number of intake of respective institutions. In previous years, the petitioner-Association had approached this Court and this Court considering their grievance had directed the authorities to conduct Special JEE for the respective years. Accordingly, in compliance of direction of this Court, Special JEE was being conducted since 2014 and a good number of students had appeared in said entrance examination. Thus, the petitioner-Association has approached this Court for a similar direction to be issued for the current academic session.

3. In response to the notice issued by this Court, the opposite parties as well as the State Government, the Chairman (OJEE) (opposite party No.3) and Biju Pattnaik University (BPUT)-opposite party No.4 have filed their respective counter affidavits as well as additional affidavit.

4. Pleadings are exchanged between the parties. On consent of learned counsel for the parties, the matter is taken up for final disposal at the stage of admission.

5. Mr.Padhi, learned Senior Counsel for the petitioner-Association has submitted that in the academic session 2014-15, the State Government and its authorities had taken an unilateral decision not to hold OJEE for admission into B.Tech (Engineering), MCA and MBA courses and took a decision to merge with JEE (Main) conducted by Central Board of Secondary Education (CBSE) for which a large number of seats fall vacant in different Institutions. The said decision of the State Government was challenged in W.P.(C) No.13137 of 2014 by the present petitioner. This Court disposed of the writ petition vide order dated 01.08.2014 directing the opposite parties, namely, the State Government, PPB and OJEE Committee to hold Special OJEE test for B.Tech (Engineering) course and also 2nd OJEE for MBA and MCA courses for the said academic year. The said decision was assailed by the OJEE Committee before the Hon’ble Supreme Court in SLP (Civil) No.21120 of 2014. In course of hearing, Hon’ble Supreme Court, while recording the statement of learned counsel for the State of Odisha as well as the petitioner therein (OJEE Committee) to the effect that upon reconsideration of the matter and in the interest of the students from the State of Odisha decided to comply with the direction issued by the High Court and conduct Special OJEE, disposed of the SLP re-scheduling the dates for the proposed examination for that academic session. Accordingly, Special OJEE examination was conducted by the opposite parties and a large number of students took admission in the vacant seats of respective Institutions. In subsequent years also, the petitioner-Association had moved this Court for conducting 2nd /Special JEE examination and in compliance of the direction of this Court, the same was being held and last year, 7,246 students registered their names for 2nd/Special JEE, out of which 4,963 s