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Judgment
This matter is taken up through hybrid mode.
Heard Mr. A. Bagchi, learned counsel for the petitioners, Mr. A.K. Mishra, learned Additional Government Advocate for the State and Mr. R.C. Mohanty, learned counsel appearing for opposite party no.5.
The petitioner has filed this writ petition seeking direction to the opposite party no.2, i.e. the Fee Structure Committee to consider the grievance of the petitioner no.2 college as per the provisions of Section-6 of the Orissa Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2007 strictly and consider the Fee structure of the petitioner no.2 college in comparison to the other private college of the State under Deemed Universities.
At the time of entertaining the writ application, this Court vide order dated 03.05.2023 called upon learned Additional Government Advocate to obtain instruction as to why the Fee Structure Committee is not sitting as per Section-6 (6) of the Orissa Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2007. In response to the same, an additional affidavit has been filed on behalf of opposite party nos.1 to 3 on 11.05.2023 and in paragraphs-5, 6 and 7, it has been stated as follows:-
“6. That it is humbly submitted that the Government in Skill Development and Technical Education Department, Bhubaneswar vide Notification No.1597/ SDTE dtd.11.04.2022 have constituted Fee Structure Committee (FSC) as per the provision of Section-6 in the Orissa. Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2007. After its constitution, the Fee Structure Committee has sat five times i.e. on dtd. 25.04.2022, 21.06.2022. 29.08.2022. 26.09.2022 and 7.12.2022 respectively for determination of fee structure of Private Technical and Professional Educational Colleges.
That it is humbly submitted that in the above said meetings of FSC, the Proposals/Grievances of different Private Technical/ Professional institutions for revision of fee structure were placed along with the Proposal/Grievance of Petitioner’s institute i.e. Hi-Tech Medical College and Hospital, Rourkela. As per direction of given by FSC, the institute of the petitioner was requested several times vide Letter No.2764 dtd. 02.03.2021, Letter No.6033 dtd.21.06.2021 and Letter No.868 dtd. 19.01.2023 for submission of necessary required documents to verify its “Submitted books of Accounts” for determination of fee structure. Xerox copies of Letter No.2764 dtd.02.03.2021, Letter No.6033 dtd.21.06.2021 and Letter No.868 dtd.19.01.2023 arc filed herewith as Annexure-A/3, Annexure-B/3 and Annexure-C/3 respectively.
That it is humbly submitted that in the fee structure committee meeting dtd. 7.12.2021, the FSC suggested to Government for fixation of fee structure of 61 Private Technical/ Professional Colleges and Private Diploma Schools excluding the fee structure of the institute of the petitioner along with some other institutions due to non compliance of necessary required documents. Accordingly. as per direction of FSC in the said meeting, the Institute of the petitioner has been informed vide Letter No.868 dtd. 19.1.2023 (Annexure-C/3) for compliance of deficiencies within 15 days from the date of issue of the letter but, till now, the institute of the petitioner has not complied required document/deficiencies. In the absence of necessary compliance, it is not possible on the part of the FSC for revision of fee structure of petitioner institute.
In view of the statement made in paragraph-7 of the affidavit, it is found that vide letter dated 19.01.2023, the petitioners have been informed for compliance of the deficiencies within 15 days. However, instead of complying the same, they have approached this Court in the present writ petition.
Therefore, this Court disposes of the writ petition permitting the petitioners to comply the deficiencies as pointed out in the letter dated 19.01.2023, which has been placed on record under Annexure-C/3 to the affidavit filed on 11.05.2023. Though it is alleged that such order has not been communicated to the petitioners, but fact remains since the same has been brought to the notice of the petitioners by way of this affidavit, if the petitioners comply the same, the authority can pass appropriate order in accordance with law.
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