TMI Blog2021 (3) TMI 1415X X X X Extracts X X X X X X X X Extracts X X X X ..... o be established is likely to best serve the educational needs of that area, the permission will be granted and the same will be communicated to him who submitted the application. In the case at hand, required procedure, as envisaged under the Act and Rules, was duly followed and accordingly the application submitted by the petitioner was placed before the High Power Committee, which in its meeting held on 18.04.2008 granted necessary permission, as per Annexure-B appended to Annexure-5 to the writ petition, for opening of new +2 science college with 128 seats (English, MIL PCMB) 128 seats each, I.T. Electronics-64 seats each from the session 2008-09 and, as such, the said decision was also communicated vide Annexure-2 on 01.05.2008 to the petitioner for compliance of the conditions therein to run the institution. Though the same was complied with by 26.05.2008 and when the institution was going to be functioning, on 28.05.2008 the order impugned has been issued. Similar question had come up for consideration in GOVERNING BODY OF +2 SCIENCE COLLEGE VERSUS STATE OF ODISHA [ 2014 (2) TMI 1417 - ORISSA HIGH COURT] , wherein this Court held that as per the statute, no other auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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 favour of the institution. The petitioner furnished necessary information, affidavits and chalan deposits etc., as required for grant of permission under Section 5 of the Orissa Education Act, which are mandatory for establishment of Educational Institutions in the State of O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt 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 institution would not claim any aid from the State Government in any circumstance. After complying all the paraphernalia required for the purpose of establishment of institution, all on a sudden, on 28.05.2008, a communication was made by the Deputy Director to the petitioner stating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 or body of persons intending to,- (a) establish a private educational institution; or (b) open higher classes, new streams new optional subjects, additional sections or increase the number of students to be admitted or introduce Honours Courses in new subjects in a recognized private ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 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 institution starts functioning. (10) Where a new private educational institution in relation to which permission has been accorded under this Section fails to start functioning within 45 days from the date of commencement of the academic year following the date on communication of the order of permission, the permission so accorded, shall lapse. Provided that the Prescribed Authority may, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cate 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 the High Schools located with the Block, the Notified Area or the Municipality; (c) A sketch plan of the site of the proposed institution. 6. Content of the application The application in respect of a proposed institution shall inter alia specify the following. (a) The number of students to be enrolled in each stream, viz, Arts, Science or Commerce in which teaching is proposed to be imparted. (b) The names of the subjects, both compulsory and optiona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 will be granted and the same will be communicated to him who submitted the application. In the case at hand, required procedure, as envisaged under the Act and Rules, was duly followed and accordingly the application submitted by the petitioner was placed before the High Power Committee, which in its meeting held on 18.04.2008 granted necessary permission, as per Annexure-B appended to Annexure-5 to the writ petition, for opening of new +2 science college with 128 seats (English, MIL PCMB) 128 seats each, I.T. Electronics-64 seats each from the session 2008-09 and, as such, the said de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 this Court held that as per the statute, no other authority has jurisdiction to change the decision of the High Power Committee. Thereby, the other authority has no jurisdiction to pass the order in contra. As it appears, the order in Annexure-6 dated 28.05.2008 has been passed by the Deputy Director, who is not competent to do so. Thereby, the order in question is without jurisdiction. Apart from the same, the said order keeping in abeyance the decision taken in the High Power Committee meeting held on 18.04.2008 has been evidently passed, as desired by the Minister, Higher Education, Orissa. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 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 provided by the empowering Act. The directions so issued by the Director suffer from lack of power. It needs no restatement that any order which is ultra vires or outside jurisdiction is void in law, i.e. deprived of its legal effect. An order which is not within the powers given by the empowering Act, it has no legal leg to stand on. Order which is ultra vires is a nullity, utterly without existence or effect in law. In view of such settled position of the law, as laid down by the apex Court, with regard to the meaning attached to the word nullity , the order passed by the Deputy Director vide Annexure-6 dated 28.05.2008, being without jurisdiction, this Court is of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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