TaxTMI 
TaxTMI 
2014 (2) TMI 1417
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.... Committee in its meeting dated 22.5.2013 communicated to the petitioner's institution on 30.5.2013. The petitioner's institution namely, Gandhi +2 Science College, Koradakanta in the district of Khurda considering the educational need of the locality wanted to establish +2 Science College and therefore formed a Governing Body. To obtain prior permission as required under Section 5 of the Orissa Education Act (in short, "the Act") read with Rule-4(2) and 19(1) of the Management Rules, 1991 (in short, "the Rules") the institution filed application before the prescribed authority with required documents. After receiving the application, the Joint Regional Director of Education, Odisha, Bhubaneswar inspected the institution on 18.2.201....
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....ceiving 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 session 2013-14 subject to fulfillment of the conditions within a period of one month time failing which no extension of time shall be allowed. Those conditions are regarding deposit of money, an affidavit with undertaking that the institution shall not claim any financial or additional financial aid from Government at any point of....
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....n on 22.5.2013 which was communicated thereafter and no decision has been taken by the said committee either to add or alter or modification of the decision taken on 22.5.2013. Therefore, the impugned notification dated 1.6.2013 is liable to be quashed. 3. A counter affidavit is filed by opposite party Nos. 1 and 2 wherein they have taken a stand that another college similar to the name of the present petitioner institution i.e. Gandi Junior College at Madanpur in the district of Khurda also applied for permission. The Prescribed Authority appointed Smt. Manaswini 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 tha....
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....ege will get permission then the students will get a very good academic atmosphere. They have also taken a stand that though the petitioner's institution do not fulfill all the criteria, the High Power Committee inadvertently reflected as allowed against the petitioner's institution in the list. However such mistake has been corrected as the name of both the colleges are identical. Permission accorded in respect of Gandhi Junior College, Madanpur, Khurda by issuing the corrigendum. 4. In view of the above rival stand taken by the parties and for better appreciation, the relevant provisions of Section 5 of the Orissa Education Act, 1969 is extracted below:- 5. Permission for establishment of Educational Institution:- ....
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.... 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....
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....l needs of the locality except the report furnished by the Prescribed Authority as stipulated in Sub-section 5. In case the Committee takes a different view then it must specify the reason for taking a different view instead of expressing only allowed or rejected. 5. After going through the records filed by the petitioner and opposite parties the High Power Committee itself taken a decision after scrutinizing the applications to accord permission and being satisfied issued the list of colleges in its meeting dated 22.5.2013. The High Power Committee consisting of the following members:- (i) the Principal Secretary to Government, Higher Education Department (ii) Director Higher Education, Odisha (iii) Vice Chanc....