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2014 (2) TMI 1417 - HC - Indian LawsJurisdiction - power of Addl. Secretary to Government - it is contended that the impugned corrigendum was issued by Addl. Secretary to Government who has no authority to change the decision of the High Power Committee - HELD THAT:- After receiving application to accord permission the Prescribed Authority as stipulated in Sub-section 5 of Orissa Education Act may make such enquiry and make a report with recommendation which has been given in the present case as reveals from the counter affidavit - Sub-section 6 of the Act stipulates that if the Committee is satisfied that the educational need of 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 the area the permission may be granted. The statute does not provide the Committee to make further enquiry or to collect any further data regarding educational 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. 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aspects, the High Power Committee has accorded permission to the petitioner's institution which has been subsequently withdrawn by way of issuing the corrigendum by the Additional Secretary to Government who has no jurisdiction to issue such corrigendum.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 Additional Secretary to issue such a corrigendum by modifying and altering the decision taken by the High Power Committee. The impugned order dated 1.6.2013 so far as petitioner's institution is concerned issued by Addl. Secretary to Government of Odisha, Department of Higher Education vide Annexure-5 to the writ petition is quashed - Petition allowed.
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