School Of Science Management And Commerce,Bbsr v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 312 of 2016 School of Science Management & Commerce, Bhubaneswar .....

Petitioner Mr. S.D. Routray, Adv.

Vs.

State of Odisha and others .....

Opposite Parties Mr. J.P. Pattnaik, GA

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

04.05.2022 Order No.

04.

This matter is taken up through hybrid mode.

2.

Heard Mr. S.D. Routray, learned counsel for the petitioner and Mr. J.P. Pattnaik, learned Government Advocate. 3.

The petitioner has filed this writ petition seeking to quash the letter dated 16.06.2015 issued by the authority to deposit Rs.20,00,000/- in the form of FDR for a period of 10 years, and to issue direction to opposite parties no.1 and 2 to allow the petitioner to deposit Rs.5,00,000/-, as has been done in the case of RDE, Bhubaneswar and RDE, Sambalpur under Annexure-6, keeping in view the norms prevailing when the application was made. 4.

Mr. S.D. Routray, learned counsel for the petitioner contended that by virtue of the interim order dated 08.01.2016 passed by this Court in Misc. Case No.246 of 2016, the petitioner-institution has already paid Rs.5,00,000/- and, as such, the petitioner-institution has been granted with temporary recognition and as consequence thereof admission has already taken place and the students have been permitted to appear in the examination. So far as deposit of Rs.20,00,000/- is concerned, since the same depends on the outcome of the writ petition, no further action has been taken. It is further contended that though the Deputy Director, (NGC-I), vide letter dated 27.08.2015 under Annexure-7, has already recommended the

case of the petitioner-institution to the Government for relaxation of pledge money in favour of the School of Science Management and Commerce, Acharya Vihar in connection with release of permission order to open BBA course, but no action has been taken thereof. 5.

Mr. J.P. Pattnaik, learned Government Advocate contended that if such recommendation is still pending, the State Government shall take a decision on the same within a stipulated time. 6.

Having heard learned counsel for the parties and after going through the records, but, however, without expressing any opinion on the merits of the case, since recommendation has already been made by the Deputy Director, (NGC-I), vide letter dated 27.08.2015 under Annexure-7, for relaxation of pledge money in favour of the School of Science Management and Commerce, Acharya Vihar in connection with release of permission order to open BBA course, this writ petition stands disposed of directing opposite party no.1 to take a decision on such recommendation and pass appropriate order in accordance with law within a period of three months from the date of production of certified copy of this order. Issue urgent certified copy as per rules.

Ashok/Sukanta (DR. B.R. SARANGI) JUDGE (SAVITRI RATHO) JUDGE