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2024 Supreme(Ori) 32

IN THE HIGH COURT OF ORISSA
Mr. Chakradhari Sharan Singh, CJ., Murahari Sri Raman, J.
Sivanand Educational Trust For Social Advancement - Appellant
Versus
State of Odisha & Ors. - Respondents
W.P.(C) No. 10498 of 2024
Decided On : 13-05-2024

Mr. Budhadev Routray, Senior Advocate, along with M/s. Debabrata Das and Jagdish Biswal, Advocates, for the Petitioner; Mr. Rabi Narayan Mishra, Additional Government Advocate, for the Respondent.

IMPORTANT POINT
Administrative authorities must provide cogent reasons for their decisions, particularly when such decisions impact the rights and opportunities of individuals, to ensure fairness and accountability.

Headnote:

ADMINISTRATIVE LAW - ADMISSION ABeyance - Article 226/227 of the Constitution of India - The court emphasized the necessity of providing reasons for administrative decisions, particularly when they affect the rights of individuals. It found that the decision to keep the admission in abeyance lacked a proper consideration of the petitioner's explanations and the recommendations of the Expert Committee, leading to a conclusion that the decision was arbitrary and required reassessment by the authority.

JUDGMENT

Murahari Sri Raman, J. -

The challenge:

1. Assailing legality and propriety of the decision taken in a meeting held on 13.03.2024 by the Apex Diploma Admission Committee under the Chairpersonship of the Principal Secretary to the Government of Orissa in the Skill Development and Technical Education Department to keep the admission in abeyance in respect of the Petitioner-Institute for the academic year 2024-25 for the 'Post Diploma Course in Industrial Safety' ('PDIS', for short), which was communicated to the Petitioner through Letter No. 4540, dated 22.03.2024 issued by the Directorate of Technical Education and Training, Odisha, the petitioner has approached this Court by way of this writ petition invoking provisions of Article 226/227 of the Constitution of India.

The facts:

2. Relevant facts leading the petitioner to come up before this Court, as appears from the pleading of the writ petition are that the petitioner-Trust had applied for affiliation to impart PDIS course in accordance with the guidelines laid down by the Opposite Parties in this regard in the year 2009. After due inspection of the Institute established by the petitioner, it was recommended by the inspection team for grant of affiliation to the said Institute. The petitioner-institute was built over an area of Ac.1.09 dec., having built-up area of 547 sqm. and had appointed teaching and ministerial staff. The petitioner-Trust was granted affiliation since the academic year 2011-12 to impart PDIS course with intake capacity of 30 students in the State of Odisha. Since then, the petitioner-institute had been regularly running PDIS course with intake capacity of 30 students till academic session of 2021-22.

2.1. In the academic audit held in respect of the petitionerinstitute for the academic year 2021-22, a joint Inspection team constituted by the opposite parties made a detailed inspection on 12.08.2021 and the team recommended that the intake capacity of the Institute could be enhanced to 60 from the original 30. Consequently, the intake capacity of the petitionerinstitute was enhanced to 60 from 30 from the academic year 2021-22.

2.2. Another inspection was conducted in respect of the petitioner-institute, in pursuance of which, a letter was issued to the petitioner-institute by the opposite party No. 1 instructing the petitioner-institute to furnish reply to show cause in respect of the deficiencies pointed out in the report dated 02.08.2023. Said inspection Report dated 02.08.2023 suggested that the institute had eligibility for intake of 30 students, but was ineligible for 60 students. Said Report also pointed out certain deficiencies to substantiate the eligibility for intake capacity of 60 students.

2.3. The petitioner-institute filed its reply to show cause notice by a letter dated 04.09.2023. Without dealing with the points submitted in the reply in proper perspective, the opposite party No.l issued a letter dated 27.09.2023 granting the petitioner one month's time to comply with the deficiencies pointed out in the report.

2.4. The petitioner-institute received a letter from the opposite party No.3, dated 22.03.2024, wherein it was stated that a Joint inspection was held in respect of the petitioner-institute and the Committee had recommended the reduction of the intake capacity of the petitioner-institute from 60 to 30 students. But when the said report was tabled in the First Apex Diploma Admission Committee (for brevity, 'Apex Committee') meeting held on 13.03.2024 under the Chairpersonship of the Principal Secretary to the Government of Orissa in the Skill Development and Technical Education Department, the Committee decided to keep the admission in abeyance in respect of the petitionerinstitute for the academic year 2024-25.

2.5. Aggrieved thereby, the petitioner-institution made representations before the opposite parties to allow the petitioner-institute to admit 30 (thirty) students for the academic year 2024-25 before the end of the admiss

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