THE STATE OF ODISHA & ORS versus ORISSA PRIVATE ENGINEERING COLLEGE ASSOCIATION (OPECA) & ANR

Citation: [2021] 6 S.C.R. 386 · Decided: 29-06-2021 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off

Judgment (excerpt)

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THE STATE OF ODISHA & ORS
v.
ORISSA PRIVATE ENGINEERING COLLEGE ASSOCIATION
(OPECA) & ANR
(Civil Appeal No 2274 of 2021)
JUNE 29, 2021
[DR. DHANANJAYA Y CHANDRACHUD,
R. SUBHASH REDDY AND S. RAVINDRA BHAT, JJ.]
Education/Educational Institutions:
Odisha Professional Educational Institutions (Regulation of
Admission and Fixation of Fees) Act, 2007: ss. 3(1) and 3(2) –
Method of admission in professional educational institutions – On
facts, amid covid outbreak, issuance of circular by All India Council
for Technical Education (AICTE), by which the eligibility criteria
for students taking admission to vacant seats for the PGDM/MBA
courses relaxed – Admission based on marks scored by aspirants in
the qualifying examination instead of the statutory requirement that
all admissions have to be based on centralized entrance test –
Subsequently, clarification letter by AICTE that circular issued by
it only pertained to PGDM/MBA courses and not B. Tech courses –
In a writ petition, the High Court allowed institutions to grant of
admission to students for B.Tech (Engineering) Degree Course on
the basis of the marks obtained in the qualifying examination –
High Court while holding that there was an error apparent in the
letter issued by AICTE, issued mandamus that the same benefit should
be given to students of the Engineering degree stream as was granted
to students for PGDM/MBA courses – On appeal, held: Direction
by the High Court to the State Government to admit students to the
B. Tech Degree Courses on the basis of the marks obtained in the
qualifying examination contrary to the terms of s. 3(1) – AICTE
clearly indicated that B. Tech courses cannot be placed at par with
PGDM/MBA courses and left it to the decision of the State
Government – State Government was duty bound to comply with
provision s of s.3(1) – Thus, the High Court not justified in issuing
mandamus – Order passed by the High Court set aside – However,
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students granted admission under the direct entry and under the
lateral entry to the B.Tech Degree Courses not to be disturbed –
Constitution of India – Art. 142.
Disposing of the appeal, the Court
HELD: 1.1 The direction by the High Court to the State
Government which operates as a mandamus to admit students to
the B.Tech Degree courses on the basis of the marks obtained
in the qualifying examination is expressly contrary to the terms
of Section 3(1) of the Odisha Professional Educational Institutions
(Regulation of Admission and Fixation of Fees) Act, 2007. It was
in this context that the earlier order of the High Court dated 24
December 2020 left it to the AICTE and the State Government
to take an appropriate decision in regard to extending the same
benefit which was extended to PGDM/MBA students to the
students aspiring for admission to the B.Tech Degree courses.
AICTE, in the course of its letter, had clearly indicated that the
B.Tech degree courses cannot be placed at par with the PGDM/
MBA courses and, hence, it was left to the State Government to
take an appropriate decision. It is rightly submitted that the actual
decision which was taken by the State Government on 7 January
2021 proceeded on an erroneous interpretation of the letter which
was addressed by the AICTE, that AICTE had not approved of
the course of action. However, that does not obviate the position
that the State Government is duty bound to comply with the
provisions of Section 3(1) which hold the field in the State of
Odisha. In this backdrop, the High Court was not justified in
issuing a mandamus to the State Government in the teeth of the
provisions of the statute, more particularly Section 3(1). The
judgment of the High Court proceeded on a misconception of
law and is set aside. [Para 11, 12][392-G-H; 393-A-D]
1.2 The 592 students have taken admission under direct
entry and 243 students have taken admission under lateral entry
in the B.Tech degree courses in pursuance of the direction of
the High Court. The Court cannot be unmindful of the impact of
the Covid-19 pandemic. The number of students who actually
could appear for the entrance examination is a small proportion
THE STATE OF ODISHA v. ORISSA PRIVATE ENGINEERING
COLLEGE ASSOCIATION (OPECA)
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of the total number of seats available in the State. To displace
such a body of students who have already been admitted would
not be in 

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