TaxTMI 
TaxTMI 
2021 (3) TMI 1415
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....spect 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 f....
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....e institution would not be permitted to admit the students. It was also required that the educational agency/governing body should furnish an undertaking in the form of an affidavit that the institution will not claim any financial assistance or grant-inaid from the Government in future. 2.3 After permission was granted, the Vedic Science College, Ainthapali, Sambalpur was allowed to open +2 Science with 128 seats (English, MIL & PCMB) 128 seats each, IT & Electronics-64 seats each from the session 2008-09. Necessary communication in regard to the same was made to the petitioner vide Annexue-2 by the Regional Directoropposite party no.3 on 01.05.2008. In compliance of the same, the petitioner-institution pledged Rs.5 lakhs in favour of opposite party no.3 and placed the same before him for verification. The opposite party no.3 verified the same and found to be correct, as per the endorsement made by him on 26.05.2008. The petitioner-institution also shown the bank deposit of more than 26 lakhs for the satisfaction of the opposite party no.3. The petitioner-institution also submitted an affidavit before the opposite party no.2 in original stating in clear terms that the instituti....
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....he meantime more than 12 years have passed, this Court did not feel inclined to grant any further adjournment. However, opportunity is given to Mr. B.P. Tripathy, learned Addl. Government Advocate to address the Court on the basis of the materials available on record and, as such, while justifying the order impugned under Anenxure-6, he contended that the authority has committed no illegality or irregularity in passing such order so as to cause interference by this Court. 5. This Court heard Mr. D.N. Rath, learned counsel for the petitioner and Mr. B.P. Tripathy, learned Addl. Government Advocate for the State-opposite parties, and perused the records. With the consent of learned counsel for the parties, the matter is being finally disposed of at the stage of admission. 6. For just and proper adjudication of the case, the provisions contained under Section 5 of the Orissa Education Act, 1969 are quoted below: "5. Permission for establishment of Educational Institution- (1) No private educational institution which require recognition shall be established except in accordance with the provisions of this Act or the rules made thereunder. (2) Any person....
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....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) The order made by the Committee shall be communicated to the applicant by the Prescribed Authority in such manner as may be prescribed. (8) Any applicant aggrieved by an order refusing to grant permission may, within one month from the date of receipt of such order, prefer an appeal before the State Government whose decision thereon shall be final and binding. Provided that provisions of Sub-sections (3), (4), (5), (6), (7) and (8) shall mutatis mutandis, apply to applicants for purposes specified in Clauses (b) and (c) of Sub-section (2). (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 not later than forty-five days from the date on which the institutio....
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.... the, 1st day of October and 30th day of November of the year immediately preceding the particular year. Applications received prior to, or after this period shall not be taken into consideration. Provided that the State Government may, for good and sufficient reasons, extend the last date of receiving applications in any particular year. (2) Applications for permission to establish new institutions shall be made in duplicate in Form No.1. (3) The application shall be accompanied with a fee of Rs.200/- (Rupees two hundred only) to be deposited in Government Treasury. (4) Applications, received by the Director within the period specified under Sub-rule (1) shall be entered in an Index Register to be maintained for the purpose and the receipt of the applications shall be duly acknowledged. 5. Documents accompanying the application - Every application made under Rule-4 shall be accompanied by (a) The challan receipt of the feed paid; (b) A sketch map of the Block or the Municipality or the Notified Area, as the case may be showing the location of the proposed institution along with other existing institutions, if any, and ....
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..... (2) Subject to the proviso to Sub-section (9) of Section 5 the Director may extend this date by a period not exceeding thirty days on an application made by an Educational Agency in whose favour permission has been granted." 8. In view of the provisions contained under Section 5 of the Act read with the Rules, as mentioned above, on receipt of the application along with required documents, the prescribed authority shall scrutinize each of the applications, consider the applications which are found complete in all respects and have been made in conformity with the Act and Rules made thereunder and, thereafter, may make such inquiry as he may deem necessary. He 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. As per the provisions of sub-section (6) of Section 5 of the Act, if the committee is satisfied that the educational needs of the local area justify 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, the permission....
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....tatute provides for a thing to be done in a particular manner, then it has to be done in that manner and any other manner are barred. Similar question had come up for consideration before this Court in Subash Chandra Nayak v. Union of India, 2016 (I) OLR 922 and this Court in paragraph-8 observed as follows: ".............the statute prescribed a thing to be done in a particular manner, the same has to adhered to in the same manner or not at all. The origin of the Rule is traceable to the decision in Taylor v. Tailor, (1875) LR I Ch D 426, which was subsequently followed by Lord Roche in Nazir Ahmad v. King Emperor, AIR 1936 PC 253(2). But the said principle has been well recognized and holds the field till today in Babu Verghese v. Bar Council of Kerala (1999) 3 SCC 422, and Zuari Cement Limited v. Regional Director, Employees' State insurance Corporation, Hyderabad and others, (2015) 7 SCC 690 and the said principles has been referred to by this Court in Manguli Behera v. State of Odisha and others (W.P.(C) No. 21999 of 2014 disposed of on 10.03.2016)". 12. Similar question had come up for consideration in Governing Body of +2 Science College mentioned supra, wherein ....
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....e cured by consent or waiver of party, the defence of nullity can be set up whenever such decree is sought to be enforced. In Urban Improvement Trust, Jodhpur v. Gokul Narain, AIR 1996 SC 1819: (1996) 4 SCC 178, the apex Court held that a decree passed by the Court without jurisdiction is a 'nullity'. 15. Similar view has also been taken by the apex Court in DLF Universal Ltd. mentioned supra, where in paragraphs-36 and 37 of the judgment, the apex Court held as follows:- "36. In our considered opinion the Director is not authorized to interfere with agreements voluntarily entered into by and between the owner/colonizer and the purchasers of plots/flats. The agreed terms and conditions by and between the parties do not require the approval or ratification by the Director nor is the Director authorized to issue any direction to amend, modify or alter any of the clauses in the agreement entered into by and between the parties. 37. It is thus clear that there is no provision in the Act, Rules or in the licence that empowers the Director to fix the sale price of the plots or the cost of flats. The impugned directions issued by the Director are beyond the limits ....