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TMI Blog2014 (2) TMI 1417X X X X Extracts X X X X X X X X Extracts X X X X ..... takes a different view then it must specify the reason for taking a different view instead of expressing only allowed or rejected. The corrigendum issued by one of the member i.e. Addl. Secretary to Government of Odisha, Department of Higher Education on 1.6.2013. Accordingly, Rule-5 of the Act has been violated. As per statute no other authority has jurisdiction to change the decision of the High Power Committee. There is no other document also before the High Power Committee that there was no local need to open such institution rather the inspection report states that the institution situated in a rural area and poor local people will be benefited immensely in case the permission is granted to open the institution. The poor villagers are not able to provide financial help to their children to prosecute science studies in a costly town like Bhubaneswar. Considering all those aspects, the High Power Committee has accorded permission to the petitioner's institution which has been subsequently withdrawn by way of issuing the corrigendum by the Additional Secretary to Government who has no jurisdiction to issue such corrigendum. Statute does not confer jurisdiction on the Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Power Committee passed order with regard to grant of permission for opening of new colleges as per the statutory provision. On 22.5.2013, the High Power Committee considered 203 proposals recommended by the Regional Directors. The Committee on consideration allowed 52 applications by granting permission to establish educational institution and rejected 133 applications so also deferred 19 applications. The said order of the Committee was communicated on 27.5.2013 along with the list of institutions to whom permission were granted and to whom permission was not granted and whose cases were deferred. In the said list allowing the permission at Annexure-3, the name of the petitioner's institution is reflected at serial No. 63. The prescribed authority after receiving the said lists on 27.5.2013 in its letter No. 12114/RDE dated 30.5.2013 communicated to the petitioner's institution under Annexure-4. In the said letter it was clearly stated that the proposal for opening of +2 Science College in the name of Gandhi +2 Science College, Koradakanta, Jharpada, Bhubaneswar, dist-Khurda has been considered and allowed by the HPC in their meeting held on 22.5.2013 from the sessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Dash, Joint Director to inspect both the institutions. The petitioner's institution was inspected on 18.2.2013 and report was submitted on 15.3.2013 with an observation that the educational agency has taken a building on rent for the proposed college and is financially sound and the application may be placed before the High Power Committee for consideration of opening of +2 Science College with 32 seats in PCM and 32 seats in CBZ as it is situated in a rural area. However, the Regional Director of Higher Education, opposite party No. 3 gave a divergent view showing number of self-financing colleges in and around Bhubaneswar which are large in number and the sanctioned strength has not been filled up in those colleges. The matter of granting opening permission to a new college may be placed before the High Power Committee for taking final decision in this regard. They have annexed the report dated 15.3.2013 as Annexure-A/1. The said report reveals that the institution situated in the Grampanchayat Basuaghai. It will provide ample scope to the student belongs to poor and middle class families to pursue higher education and materialize their dreams. The education agency has take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e shall make a report in respect of each application with his recommendations which shall be placed before the Committee constituted in this behalf by the State Government. (6) If the Committee is satisfied that the educational needs of the local area justify the establishment of an educational institution that the place where the educational institution is proposed to be established is likely to best serve the educational needs of that area, that the location of the educational institution is not otherwise objectionable and that permission may be granted to any person or body of persons, the Committee shall make an order to that effect specifying the conditions to be fulfilled by such agency. (7) xxx xxx xxx xxx (8) xxx xxx xxx xxx (9) When a new private educational institution is established in accordance with the permission granted under this Section the fact of such establishment shall be reported by the Agency to the Prescribed Authority forthwith and in any case no later than forty-five days from the date on which the institution starts functioning. (10) Where a new private educational institution in relation to which permission has been accorded under this Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Odisha, Department of Higher Education on 1.6.2013. Accordingly, Rule-5 of the Act has been violated. As per statute no other authority has jurisdiction to change the decision of the High Power Committee. There is no other document also before the High Power Committee that there was no local need to open such institution rather the inspection report states that the institution situated in a rural area and poor local people will be benefited immensely in case the permission is granted to open the institution. The poor villagers are not able to provide financial help to their children to prosecute science studies in a costly town like Bhubaneswar. Considering all those aspects, the High Power Committee has accorded permission to the petitioner's institution which has been subsequently withdrawn by way of issuing the corrigendum by the Additional Secretary to Government who has no jurisdiction to issue such corrigendum. Statute does not confer jurisdiction on the Additional Secretary to issue such a corrigendum by modifying and altering the decision taken by the High Power Committee. Accordingly, the impugned order dated 1.6.2013 so far as petitioner's institution is c ..... 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