SUDHANSU SEKHAR SABAT Vs. STATE OF ODISHA

JUDGEMENT

(1.) PETITIONERS in W.P.(C) No.12869 of 2013 are seven in number. Petitioner Nos. 1, 2, 4 and 7 are AIEEE -2012 merit rank holder students and other petitioners are the OJEE -2012 merit rank holder students. They have filed the present writ petition with a prayer for issuance of appropriate writ/writs in the nature of mandamus or of any other form directing opp. parties to regularize admission of the petitioners against B.Tech. Engineering Course for 2012 -13 batch and also for a direction to opposite party No.2 -Biju Pattnaik University and Technology (for short, "BPUT") for grant of University Registration number to the petitioners who are continuing their courses in opp. party no.4 -College -National Institute of Science & Technology against non - reporting vacant seats in B.Tech Engineering course. The Orissa Private Engineering College Association, (for short, "OPECA") has filed W.P.(C) No.12653 of 2013 representing its member -institutions. In course of hearing, Mr. D.P. Dash, learned counsel for the petitioner submitted that the facts and issues involved in both the writ petitions are similar and he adopted the arguments advanced by Mr. B. Routray, learned Senior Advocate for the petitioners in W.P.(C) No.12869 of 2013 and has restricted his prayer for regularization of admission and issuance of University Registration Numbers in favour of the present petitioners.

(2.) FACTS , as narrated in W.P.(C) No.12869 of 2013 in a nutshell, are that after closure of second round counseling of OJEE, 2012, seats in various Private Engineering Colleges remained vacant because of non - reporting of the students in the said Colleges. In such process, 47 seats in opp. party no.4 -College remained unfilled due to non -reporting of students of the said College sponsored by OJEE, 2012. OJEE, 2012 held its final round of web -based counseling starting from 12.10.2012 in which the said OJEE had not included the vacant non -reporting seats of the institution. Petitioners' further case is that they had appeared in the Counseling Centre and all of them were assured by the authorities of OJEE that a special counseling will be held in respect of non -reporting vacant seats for some of the private Engineering Colleges. As the opp. party no.4 -College is one of the premier and reputed Engineering Colleges of the State and all the petitioners having willingness to get admission in the said College, did not participate in the 3rd round counseling process and waited for further counseling. As learnt by the petitioners, in pursuance of order dated 6.11.2012 passed in W.P.(C) No. 15807 of 2012, the petitioners were allowed by the authorities of opp. party no.4 -College to put forth their willingness for continuing against the said vacant non -reporting seats. As known to the petitioners their willingness was duly conveyed to the State Government. However, the Policy Planning Body (in short, "PPB") in its meeting dated 1.12.2012 decided for holding a special counseling in respect of vacant non - reporting seats amongst the students having willingness to take admission against such vacant seats. Accordingly, the OJEE on 3.12.2012 issued notice for holding up a special counseling for such vacant non -reporting seats for which all the students have exercised their willingness to get admission in the opp. party no.4 -College. Since PPB in its meeting dated 01.12.2012 took a decision for not deviating academic calendar of BPUT, undertakings were taken from the petitioners as well as their parents by opp. Party no.4 -College and the petitioners were allowed to continue their courses against such vacant non -reporting seats awaiting regularization of their admission by the authorities concerned. The petitioners -students anticipating their regularization of admission by the State Government along with 10% Management quota have been continuing their B.Tech. Engineering Course in opp. party no.4 -College. However, in the month of April, 2013, the State Government has only regularized the admission of 10% Management quota seats ignoring the case of the present petitioners.

(3.) THE BPUT has also issued Notification for holding of 1 st Semester Examination from 17.6.2013, hence, the petitioners will sustain irreparable loss and also be highly prejudiced if they are not allowed to appear in the BPUT 1st Semester B.Tech. Examination. Petitioners have also deposited 1st Semester Examination fees in the BPUT in shape of Bank Draft through opposite party No.4 -College. They have also attended more than 90 days regular classes. Hence, there is no deviation of BPUT calendar as alleged by the State Government.