The main legal point established in the judgment is that an order passed without jurisdiction is a nullity and cannot sustain in the eye of the law.

JUDGMENT

Dr. B.R. Sarangi, J. - The petitioner, who is the Director of Vedic Educational Trust, Sakhipada in the district of Sambalpur, has filed this writ petition seeking to quash Annexure-6 dated 28.05.2008 passed by the Deputy Director, in the office of the Regional Director of Education, Sambalpur in Annexure-6 keeping in abeyance the decisions taken in the High Power Committee meeting held on 18.04.2008 regarding grant of permission and recognition to self-financing courses run by different institutions, including the petitioner-institution, until further orders, as desired by the Minister, Higher Education of Orissa, and further directing that a committee under the Chairmanship of the Director, Higher Education, Orissa shall further inspect the proposals within a period of four months.

2. The factual matrix of the case, in hand, is that 'Vedic Educational Trust' is a registered body established, for the purpose of providing proper education, along with Yoga and Meditation, Spoken English and Personality Development, Vedic Mathematics, Computer Training, teaching regarding Veda and General Knowledge, Group Discussion, Physical Education Training, Martial Art, Excursion and Study Tour, Medical Services etc., besides extending elaborate library facility as well as sports and extra curricular activities within the local students. To provide such facilities, which are ordinarily not available in the general higher secondary educational institutions, the 'Vedic Educational Trust' established a Vedic College of +2 Science, a residential institution so as to preach the moral teaching and to make out good, responsible and respective citizens of the future from amongst such students. It provides curriculum, which is prescribed by the Council of Higher Secondary Education, Orissa, along with other moral and spiritual teaching, as mentioned above. Accordingly, steps were taken for grant of permission and recognition in favour of the institution. The petitioner furnished necessary information, affidavits and chalan deposits etc., as required for grant of permission under Section 5 of the Orissa Education Act, which are mandatory for establishment of Educational Institutions in the State of Orissa.

2.1. Section 5 of the Orissa Education Act, as amended from time to time, prescribes the procedure for permission and establishment of the Educational Institution. It provides that an application, along with necessary documents and requisite fees, is to be submitted before the prescribed authority, who shall, after being satisfied, recommend to the committee for grant of permission in favour of the institution. Such committee is known as High Power Committee consisting of high dignitaries. If the committee is satisfied that the educational need of the local area justifies for establishment of an educational institution, then it will grant permission and make an order to that effect and such order will be communicated by the prescribed authority to the applicant. Necessary application form, along with the affidavit and other documents, was submitted for grant of permission in favour of the petitioner-institution to commence teaching from the session 2008-09. The opposite party no.3, being the prescribed authority, as required under sub-section (5) of Section 5 of the Orissa Education Act, scrutinized the application and finding that the application was complete in all respect and in conformity with the Act and Rules, submitted a report, after causing such enquiry as deemed fit, before the committee for grant of permission as contemplated under sub-Section (6) of Section-5 of the Orissa Education Act.

2.2 Accordingly, the High Power Committee in its meeting held on 18.04.2008 considered the application recommended by the prescribed authority for grant of permission and since the petitioner-institution satisfied the norms and the requirements of the Orissa Education Act and the Rules made thereunder, decided to grant permission for opening of the