JUDGMENT
P.K. Mohanty, J.
1. W. P. (C) No. 10580 of 2003 is by the Biju Patnaik University of Technology challenging the order of the State Government dated 27th September, 2003, copy of which is Annexure-1, in permitting the Private Management Colleges to hold a common entrance test on their own with the supervision of Director, Higher Education for the purpose of admission to the Master of Business Management Course against the vacant seats for the sessions commencing 2003-04 and the examination conducted by the Management Colleges Association and admissions of students to the M.B.A. Course pursuant thereto. W.P. (C) No. 9661 of 2003 is by the Institute of Professional Studies and Research and five other Management Institutes challenging the inaction of the University in not taking necessary steps to fill up the vacancies in M.B.A. course after counselling pursuant to the permission of the Government in their letter dated 27th September, 2003. W.P. (C) No. 11350 of 2003 is by two students alleging illegal cancellation of admission into the M.B.A. course by the colleges pursuant to the letter of the Biju Patnaik University of Technology on the ground that the University does not recognize such admission. In all these writ petitions common questions of law and facts, being involved, on the prayer and with the consent of the learned counsel appearing for the parties, were heard analogous and are disposed of by this common judgment.
2. The short facts of the case leading to the filing of these writ petitions are that the State Government in order to streamline the admission process in different technical and professional course particularly in the M.B.A. course in different Management Colleges issued directions to the Biju Patnaik University of Technology (hereinafter called ‘the University’) to conduct a common entrance test and accordingly select and admit students on the basis of merits in the said test for the session 2003-04. The common selection test call O.M.A.T. 2003 was conducted by the University on 3-8-2003. The Group Discussion and viva voce tests were conducted on 23-8-2003 and 24-8-2003. Under the University, there are altogether 18 recognized and affiliated colleges imparting management (M.B.A.) courses of the post graduate level with a total capacity of 1132 seats. It appears that after the counselling was over, less than 50 per cent of the total seats could be filled up and large number of seats remained vacant. In view of such dismal position, the State Government as well as the University were approached by the Orissa Private Management Colleges Association to fill up the remaining seats under management quota from O.M.A.T., C.A.T., M.A.T. and J.A.T. and counselling at college level. The State Government in the Department of Higher Education, in consideration of the proposal of the Orissa Management Colleges Association (hereinafter called ‘OMCA’) for filling up the vacant Management Seats of Non-Government Professional Institutes imparting MBA Courses during the current session 2003-2004, decided that the seats lying vacant in such institutes after central counselling, following OMAT-2003 conducted by the University, shall be filled up by another round of “Common Entrance Test” to be conducted by the Orissa Management Colleges Association (OMCA) under the supervision of the Director, Higher Education. The aforesaid decision was communicated in Government letter dated 27th September, 2003 (Annexure 1 to W.P. (C) No. 10580 of 2003) which is the bone of contention in these cases. The Orissa Management College Association is said to have requested All India Management Association to conduct the entrance test for selection of students for admission to different Management Institutions in the State, About 700 applicants took the common entrance test, out of which 252 were selected and admitted in different institutions after counselling. On completion of admissions, the individual institutions forwarded the application forms along with the Bank Draft to the University for Registration, but the University vide its letter dated 23-10-2003 informed the Principal of all Private Management Colleges that it would not be in a position to accept any such student admitted by the colleges until a final decision is taken by the High Court in the writ petition filed by the University challenging the illegal order of the State Government permitting a second entrance test. The Management Institutions accordingly have issued intimations to such students cancelling their admissions made to the M.B.A. course for the session 2003-04 from out of the students selected through a second entrance test conducted by the Management Colleges Association in terms of the order of the State Government.
3. The core questions that needs consideration, are :
(a) Whether a second round of Entrance Test for filling up the vacant management quota seats in the non-Government Private Professional Institutions imparting MBA courses, is permissible, after admissions are made through Central Counselling, following OMAT-2003 conducted by the University.
(b) Whether the State Government had the competence and is justified in directing such a second Entrance Test to be conducted by the Orissa Private Management Colleges Association (OMCA) under the supervision of the Director, Higher Education, in view of the mandate of the Apex Court in T.M.A. Pal foundation v. State of Karnataka, AIR 2003 SC 355, Islamic Academy of Education v. State of Karnataka, (2003) 6 SCC 697 : (AIR 2003 SC 3724) and the decision in Private Engineering Colleges Association v. State of Orissa, W.P. (C) No, 6297 of 2003 (Misc. Case No. 9203 of 2003), D/- 24-9-2003.
(c) Whether the State Government in the Orissa Private Engineering cases, having taken the specific stand that it is not permissible to allow Private Engineering Colleges to go for a Second Entrance Test, without and before constitution of the committee, headed by a retired High Court Judge in terms of the direction of the Hon’ble Supreme Court in Islamic Academy of Education case, (AIR 2003 SC 3724) (supra) dated 14-8-2003, could have itself taken a decision contrary to such stand, in allowing the Private Management Colleges Association to conduct such a Second Entrance Test, under the supervision of the Director, Higher Education, for admission to a Post-Graduate Management Course (MBA).
(d) Whether the State Government is competent to extend the last date of admission fixed by the Academic Council of the University unilaterally without consultation, and direct admission of students to a Post Graduate Management Course beyond the last date fixed by the University and All India Council of Technical Education.
4. The State Government in the Department of Higher Education (Opp. party No. 1) in their counter-affidavit have denied the allegations made by the Petitioner University. It is the specific stand of the State Government that admission process in all the 18 Management colleges were completed through O.M.A.T. Rules, 2003 against available 1177 seats. The total number of students admitted in different colleges came to 705 leaving 472 vacant seats. The Orissa Management Colleges Association came up with a proposal to fill up the vacant seats as per the judgment of the Hon’ble Supreme Court in Writ Petition (Civil) No. 350 of 1993, wherein it was directed that the seats be filled up by the Institution and the State Government in the Ratio 50 : 50 and on consideration, the State Government have allowed OMCA to conduct second round of Entrance Test under the supervision of the Director, Higher Education for greater interest of the public and students and the test was conducted as per the guidelines. According to the State Government by issuance of order dated 27-9-2003 permitting the Orissa Management Colleges Association to conduct second test and admit students on the basis of such test, the order of this Court dated 24-9-2003 in Misc. Case No. 9202 of 2003, arising out of W.P. (C) No. 6297 of 2003 does not appear to have been violated in view of the fact that the State Government prescribed modalities in question on the basis of approval of the Government taken on 22-9-2003 in the file. The State Government has taken a plea that in view of the urgency to fill up the vacant seats, arrangements have been made to conduct another round of common entrance test by the Orissa Management Colleges Association under the supervision of Director. Higher Education, as there was no time to constitute the Committee as per the direction of the Hon’ble Supreme Court and there was no specific instruction from the Hon’ble Supreme Court how to fill up the vacant seats by the Institution and the State Government in the ratio 50 : 50.
5. The University in its counter to the writ petition in W.P. (C) No. 9661 of 2003 while denying the claim and refuting the allegations made therein, has stated that the entire procedure for the purpose of admission to the M.B.A. course was laid down and communicated to the various colleges and they had come to a consensus with the University, as to the procedure to be followed regarding the admission to the MBA programme in the meeting held by the Vice-Chancellor of the University with the Principals of different Management Colleges held on 5-8-2003 and accordingly same procedure had also been mentioned in the Prospectus issued by the OMAT, and therefore it is not available to the writ petitioner to challenge the action of the University. The selection procedure as indicated in the OMAT Prospectus, 2003 at Clause 1.10 has been quoted in the counter as under :
“1.10. Selection Process.
A college will call for group discussion and personal interview of the qualified candidates on the basis of OMAT-2003 rank from amongst the candidates who have opted for the College.
An OMAT qualified candidate will be eligible for admission if his/her performance in Group Discussion and personal interview is satisfactory. From amongst the eligible candidates, the College will offer admission based on the OMAT-2003 rank. A College may maintain a waiting list for admission on or before 27th August 2003.
The admission to a college remains provisional until the University allots Registration number based on the candidate’s institute.”
6. It is averred that keeping in view the large number of vacancies, the authorities of the University prepared a list of candidates, who have cleared Group Discussion/ Viva Voce but did not report for counselling to the different colleges, to call them for admission and the candidates with All India Test course like MAT, CAT, XAT and ATMA were also allowed to be admitted by the different colleges as against the remaining vacancies in the respective institutes, but the colleges so permitted did not get good response or did not manage to attract and call adequate number of candidates for admission and accordingly a large number of seats have till date remained vacant, but merely for the said reason, the colleges cannot be allowed to exercise their own discretion in admitting students from the open market without any test of merit to take admission contrary to the norms fixed by the Apex Court. In Paragraph 12 of the counter-affidavit, the University has stated that in order to hide the substandard academic infrastructural infirmities of some of the institutions in the State, the writ petitioners have taken recourse to the plea regarding financial loss so as to gain undue sympathy from the Court.
7. Opposite party No. 3, the Regional Officer, All India Council of Technical Education, Eastern Region in his counter-affidavit to W.P. (C) No. 9661 of 2003 has raised the question of locus standi of the petitioner to seek relief. According to the AICTE, the petitioners are only few institutions where faculty and other facilities are poor, hence the students’ response is probably poor. It is their specific case that the institutions have got no right to hold the entrance test without complying with the stipulations made by the Apex Court in its judgment dated 14-8-2003 passed in W.P. (C) No. 350 of 2003 (reported in AIR 2003 SC 3724). It is stated that in terms of Clause 4.0 of Part-I of the Chapter for Management Education (M.B.A. and P.G.D.B.A.) and Computer Application (M.C.A.) the entry qualification for Management Education, are as under :
“The minimum qualification for entry to Post Graduate Programme in Management is any Bachelor Degree recognised by Association of Indian Universities.
The selection of candidates to the programme should be done on the following basis;
(A) An All India Written Admission Test to assess applicants attitude and preparedness as given in Annexure-1.
(B) Previous academic records/work experience and
(C) Performance in Group Discussion and interview.
Note : (1) Scores obtained in All India Written Test would have a minimum weightage of 50%.
(2) The universities may have their own admission test for the institutions affiliated.
(3) If admission is not done on the basis of All India Written Test, it is essential to stipulate minimum requirement of 50% aggregate marks in the qualifying bachelors degree if the screening is done at the local/ state/regional level.”
It is specifically stated that the minimum requirement for admission to the course other than for candidates admitted on the basis of All India Written Test is a minimum of 50% aggregate marks in the qualifying Bachelors degree, if the screening is done at the local/State/regional level.
8. The Apex Court in the case of Islamic Academy of Education, (AIR 2003 SC 3724) (supra) directed the State Governments to appoint a permanent committee to ensure that the tests conducted by the Association of Colleges is fair and transparent. For each State, a separate committee is to be formed and the committee is to be headed by a retired Judge of the High Court and the other members are to be nominated by the Judge either from the category of a doctor or an engineer of eminence depending upon whether the institution is medical, engineering or technical. The committee is to be vested with the power to oversee tests to be conducted by the association and this power would include the power to call for the proposed question papers, to know the names of the paper setters, examiners and examinees and to check the method adopted to ensure paper shall not leak. The committee is also vested with the power to supervise and ensure that the test is to be conducted in a fair and transparent manner. It was clarified that different percentage quota for students to be admitted by the management in different minority or non-minority professional college(s) shall be separately fixed on the basis of need by the respective State Government and in case of any dispute with regard to fixation of percentage of quota, ft is open to the management to approach the committee. The Apex Court specifically stipulated and clarified that no institute which has not been established and which has not followed its own admission procedure for the last at least 25 years shall be permitted to apply for or be granted exemption for admitting students in the manner subject out in the judgment.
9. A Division Bench of this Court, (where one of us P.K. Mohanty, J, was a member) in order dated 24-9-2003 in the case of the Association of Private Engineering Colleges of the State at paragraphs 7 and 9 thereof observed as under :
“Paragraph 7
In view of the pleadings of the parties and the decision of the Hon’ble Supreme Court, there can not be any room for doubt that the admissions to the technical colleges like Engineering Colleges, are to be made on the basis of merit and merit alone. Admissions are being made from the merit list of eligible and qualified candidates from the list of JEE and AIEEE, 2003 qualified candidates. It appears from the affidavit of opp. parties 4 and 5 that Director, Examination and Chairman, JEE, 2003 in his letters dated 18-9-2003 (Annexures F and G) to the Principal, Private Engineering Colleges intimated that third round of counselling of qualified candidates in JEE and AIEEE for spot admission to the vacancies in the 1st year B.E. Course shall be held on 30-9-2003. The colleges have been allowed to invite applications from JEE and AIEEE, 2003 qualified candidates and fill up at College level on merit, subject to terms and conditions stipulated therein.
Paragraph-9
In such views of the matter, when advertisement for admissions, the entrance test by JEE and AIEEE have already been conducted, candidates are placed in merit lists and overall admissions through two rounds of counselling of majority of seats are over and the classes have commenced since 18th of August, 2003, at this stage to permit the Association of colleges to go for a common entrance test by inviting applications, making the required tests, selecting and then to admit students in absence of a Committee to oversee the tests in terms of mandate of the Apex Court would be impermissible and against the academic interest. In such view of the matter, we decline to permit the petitioner-Association to admit students by conducting a common entrance test at this stage for admission to first year Engineering course of the session 2003-2004.”
10. The Hon’ble Supreme Court in Islamic Academy case, AIR 2003 SC 3724 (supra) at para 16 observed thus :
“In our view what is necessary is a practical approach keeping in mind the need for a merit-based selection. Paragraph 68 provides that admission by the management can be by a common entrance test held by “itself or by the State/University”. The words “common entrance test” clearly indicates that each institute cannot, hold a separate test. We thus hold that the management could select students of their quota either on the basis of the common entrance test conducted by the State or on the basis of a common entrance test to be conducted by an association of all colleges of a particular type in that State e.g. medical, engineering or technical etc. The common entrance test, held, by the association, must be for admission to all colleges of that type in the State. The option of choosing, between either of these tests must be exercised before issuing prospectus and after intimation to the concerned authority and the committee set up hereinafter If any professional college chooses not to admit from the common entrance test conducted by the association then that college must necessarily admit from the common entrance test conducted by the State. After holding the common entrance test and declaration of results, the merit list will immediately be placed on the notice board of all colleges which have chosen to admit as per this test. A copy of the merit list will also be forthwith sent to the concerned authority and the committee. Selection of students must then be strictly on the basis of merit as per that merit list. Of course, as indicated earlier, minority colleges will be entitled to fill up their quota with their own students on the basis of inter se merit amongst those students. The list of students admitted, along with the rank number obtained by the student, the fees collected and all such particulars and details as may be required by the concerned authority or the committee must be submitted to them forthwith. The question paper and the answer papers must be preserved for such period as the concerned authority or committee may indicate. If it is found that any student has been admitted dehors merit, penalty can be imposed on that institute and in appropriate cases recognition/affiliation may also be withdrawn.”
11. In the case at hand, the State Government in its decision communicated by letter dated 27-9-2003 decided that the seats lying vacant in different institution after Central Counselling following OMAT, 2003 conducted by the University shall be filled up by another round of common entrance test and another entrance test is to be conducted by the Orissa Management Colleges Association, OMCA under the supervision of Director, Higher Education, as discussed in details earlier. The entrance test conducted by the University for admission to the MBA course for the session 2003-04 was over, result published, counselling was done and admissions were also made in different colleges and at that stage, since because some seats remained vacant, the State Government could not have adopted a novel procedure of its own in allowing the Association of Private Management Colleges, to conduct a separate Second Entrance Test of their own and basing on such test, admit students. This runs counter to the mandate of the Apex Court in order dated 14-8-2003 passed in Islamic Academy of Education case (supra) and the order of this Court in the case of Association of Private Engineering Colleges case (supra). The test contemplated in the order of the Apex Court at the state level was to be conducted under the supervision of a committee headed by a retired Judge to oversee such conduct of examination and that too, such a decision can only be taken before issuance of a notice for admission and the prospectus and not after the process is over and admissions are done. Conduct of a second entrance test under the supervision of the Director, Higher Education cannot be said to be in consonance with directives of the Apex Court, nor it was permissible after all the process for selection was over, only to somehow get some more students to fill up the vacant seats.
12. It is interesting to note that the Government itself in the case of Private Engineering Colleges took the definite stand that the private managements may select students for management quota seats either on the basis of the common entrance test conducted by the State or on the basis of the common entrance test conducted by the Association of Engineering Colleges, but the option for choosing between either of these tests, must be exercised before issuing the prospectus and after intimation to the concerned authority and the State Government. The learned Advocate General on behalf of the State, while opposing the prayer of Private Engineering Colleges Association for permitting them to conduct a Second Admission/Entrance Test for admission to B.E. Courses, some seats having remained vacant after counselling was over pursuant to Joint Entrance Test conducted by the university appears to have taken specific stand as revealed from Para 4 of the order, which may be quoted hereunder for better appreciation.
“Para 4 of the order dated 24-9-2003 passed in Misc. Case No. 9203 of 2003 arising out of W.P. (C) No. 6297 of 2003 is quoted hereunder :
Sri Sovesh Roy, learned Advocate General submits that it is clear from the judgment of the Apex Court that private managements may select students from Management quota either on the basis of common entrance test conducted by the State or on the basis of the common entrance test conducted by the Association of Engineering Colleges. The option of choosing between either of these test, must be exercised before issuing of prospectus and after intimation to the concerned authority and the State Government have been directed to appoint permanent Committees headed by a retired Judge of the High Court to ensure that the tests conducted by the Association of the Colleges are fair and transparent. The admission process for filling up of seats in private Engineering Colleges had been completed on 13-8-2003 and as per the calendar of BIJU Patnaik University of Engineering and Technology, classes had already been started from 18th August, 2003 and, therefore, there is no scope to permit the petitioners’ Association to conduct a separate entrance test for admission in the current academic year. According to the learned Advocate General, such a common entrance test can be conducted by the petitioners’ Association in terms of the judgment of the Hon’ble Supreme Court, only on supervision of a Committee prescribed by the Court and as such, the entrance test, if any, can be conducted from the next academic session onwards only. It is also submitted that the Government had already issued orders permitting the Private Engineering Colleges to fill up vacant, seats to the extent of 50% of approved intake capacity reduced by the number of candidates already admitted against the Management quota and the candidates admitted by the Colleges during the spot admission. However, he submits that the State Government has taken decision to have third round of counselling for admission into the vacant seats in different Private Engineering Colleges and steps would be taken for constituting the Committee for fixation of fee structure test to be held in time for next academic session in pursuance of the judgment of the Apex Court.”
In view of what has been submitted by the learned Advocate General in the aforesaid case as above, the understanding of the Apex Court judgment and the stand of the State Government on the issue was clear that the Private Managements may select students for management quota either on the basis of a Common Entrance Test conducted by the State or on the basis of the Entrance Test conducted by the Association of Colleges, but the option of choosing between the two has to be exercised before issuing of prospectus and after intimation to the concerned authority and the State and the State Government has been directed to appoint a permanent committee, headed by a retired High Court Judge to ensure fairness and transparency. According to the State Government, such a test could be conducted by the Association of Colleges in terms of the Judgment of the Apex Court, only on supervision by the Committee prescribed by the Court and as such, an Entrance Test by the Association of Colleges can be conducted from the next year, when the Government constitutes such a Committee and not otherwise.
In spite of the clear stand taken by the State, in an exactly similar issue in respect of engineering admission, only three days after the order was pronounced taking note of the Government stand as submitted by the learned Advocate General of the State, the Government itself took the decision to allow Management Colleges Association to conduct a Second Entrance Test in order to admit students to vacant seats under the management quota into the MBA course under the supervision of the Direction, Higher Education. In effect, the State Government in its wisdom, perhaps thought the Director, Higher Education would be a proper substitute for a Committee contemplated and directed by the Hon’ble Supreme Court headed by a retired Judge and comprising of a person of eminence in the subject of admission. That is not the end, in spite of clear mandate that the option of choosing candidate either from Common Entrance Test conducted by the State or from the test to be conducted by Association of Colleges had to be exercised before issuing a prospectus, but the Second Test has been permitted after prospectus was issued, Common Entrance Test was conducted by the University that too under the direction of the Government and even admissions were made, in order to fill up the remaining vacant seats under the management quota. The decision of the Government, therefore, is not only illegal and vitiated but the intent is manifest and it is for accommodating Management Colleges. If the plea or justification as given in its counter is considered that the decision was taken to conduct the second round of Entrance Test by the OMCA, as there was no time to constitute the Committee as per the direction of the Hon’ble Supreme Court and that there was no specific instruction from the Hon’ble Supreme Court for the year, but to fill up the seats in the ratio of 50:50, then nothing prevented the State from taking the same stand in the earlier case. The decision of the Government, is thus contrary to the directive of the Apex Court and of this Court, it is not sustainable.
13. In such view of the matter, the decision of the State Government dated 27-9-2003, permitting the Orissa Private Management Colleges Association (OMCA) to hold and conduct a second round of Entrance Test for admissions to the M.B.A. course under the supervision of the Director, Higher Education for filling up the vacant seats in different colleges imparting Management Courses against the management quota after the admissions were made on the basis of OMAT-2003, conducted by the Biju Patnaik University of Technology, has to be held as illegal and unauthorized and has to be quashed. The State Government could not and ought not to have adopted, such a course in derogation and contrary to the directive of the Supreme Court in Islamic Academy Education Case, by introducing a novel method that the test would be supervised by the Director, Higher Education instead of a committee headed by a retired High Court Judge nominated by the Chief Justice along with expert as directed by the Apex Court. The direction of the Apex Court was clear and unambiguous that the State could think of an entrance test only before issuance of prospectus and advertisement for admission. The plea of the State Government that there was no specific instruction of the Hon’ble Apex Court in this regard is a clever ruse to justify the illegality committed, since it had already understood the decision in the Islamic Academy of Education case in its proper prospective and took the stand that conduct of a Second Entrance Test in absence of a committee constituted by it pursuance to the Supreme Court directive was impermissible, in the earlier case in respect of Private Engineering Colleges discussed earlier.
14. The State Government otherwise could not have decided and allowed colleges to admit students into the MBA Course beyond the last date of admission fixed by the University, unilaterally without the authority and consent of the University. The University and its academic council are the appropriate authorities under the Biju Patnaik University of Technology Act and the regulations made thereunder to prescribed qualification for admission of students to various courses of studies and to the examination and conditions under which exemption may be granted and also for prescribing courses of studies its duration and schemes of examination. The fixation of a dead line by the university is for the purpose of imparting teaching lessons and to give adequate time and sufficient number of working hours to the student to prepare for their studies to be eligible to take the classes and the examination. Apart from conducting special classes, the students should also have adequate time at their hand to prepare and study for the examination. We, therefore, hold that the decision of the State Government allowing admissions beyond such dead line fixed by the University is illegal and unauthorized. In view of what has been held by us above, the admissions into the MBA Course made pursuant to such selection into different colleges has to be held impermissible.
15. Now the next question for consideration is as to what would be the fate of those 252 students, who have already been admitted to the MBA Course into different colleges during the session 2003-04. The admissions are made by the Management Colleges in their anxiety to somehow fill up the remaining vacant seats from out of the seats meant for management quota of 50% on approaching the State Government and obtaining its clearance/permission under the impugned order dated 27-9-2003 to conduct a Second Entrance Test, which has been held to be unauthorized and illegal. The students had no role to play nor can they be faulted. But they have become the victim of circumstances and their academic career is at stake. This situation, however, has been brought about by the action of the State Government in permitting the Management Colleges Association to go for admission by conducting a second round of Entrance Test. Keeping in view the career of such large number of students, this Court had asked the University to give its response, pursuant to which, the Registrar of the University has filed an affidavit indicating therein that the course being a trimester programme, the students admitted in terms of the Second Entrance Test may be treated as a separate batch subject to conditions stipulated therein.
16. In the peculiar facts of this case, considering the plight of the students and their academic career, keeping in view the order of this Court dated 24-9-2003 in W.P. (C) No. 6297 of 2003, the affidavit of the University, the stand taken by the A.I.C.T.E. and the submissions made at the Bar at the time of hearing, we deem it appropriate in the interest of justice to direct :
(a) The students, admitted to the MBA course in different Management Institutes, pursuant to the selection made by the OMCA, within the sanctioned strength and coming within the seats meant for management quota, who have obtained minimum of 50% of marks in their qualifying Graduation/Degree Examination, shall be allowed to continue as such as a separate batch, subject to the institutes, where they are admitted, giving an undertaking to the University to the effect that the admitting institute would provide teaching and other facilities in terms of the separate calendar and course curriculum formulated by the University for the purpose.
(b) The admitting institutes of Managements, shall give an undertaking to the University that they shall provide teaching etc. as per the new calendar prepared by the University as a special case for this batch of such students and such students shall be treated as a separate batch.
(c) The Biju Patnaik University of Technology shall formulate the new calendar within a fortnight keeping in view the fact that these students in the meantime might have already undergone a substantial part of the course for taking the Trimester Examination.
(d) The Institute of Management shall not charge a separate higher fee from these students on the plea that they are treated as a special batch.
The aforesaid order has been passed in the peculiar facts and circumstances of the case and shall not be treated as precedence.
17. The Writ Petitions are disposed of in the aforesaid terms,
P.K. Tripathy, J.
18. I agree.