Preamble

The Odisha Gazette

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 657Dated 17th April, 2007 Orissa Act 4 of 2007 THE ORISSA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) ACT, 2007 Law Department No.4154-Legislative. - The following Act of the Orissa Legislative Assembly having been assented to by the Governor on the 17th April, 2007 is hereby published for general information. AN ACT T O PROVIDE FOR THE REGULATION OF ADMISSION, FIXATION OF FEE, PROHIBITION OF CAPITATION FEE, RESERVATION IN ADMISSION AND FOR OTHER MEASURES TO ENSURE EQUITY AND EXCELLENCE IN PROFESSIONAL EDUCATIONAL INSTITUTIONS AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. Whereas the Hon'ble Supreme Court in its judgement in P.A. Inamdar and others v. State of Maharashtra reported in AIR 2005 SC 3226 has held that having regard to the larger interest and welfare of the student community to promote merit, achieve excellence and curb malpractice, it would be permissible to regulate admission by providing a centralized and single window procedure which, to a large extent, can secure grant of merit based admission on a transparent basis; And whereas, the Hon'ble Supreme Court in its judgement in Islamic Academic of Education and others v. State of Karnataka reported in AIR 2003 SC 3724 and in P.A. Inamdar case has held that every institution is free to devise its own fee structure but the same can be regulated to prevent profiteering; And whereas, it is further held that no capitation fee can be charged directly or indirectly or in any form and if charging of capitation fee and profiteering is to be checked, the method of admission is to be regulated so that the admissions are based on merit and transparency and the students are not exploited; And whereas, the Hon'ble Supreme Court in Islamic Academic case has held that two committees for monitoring admission procedure and determining fee structure in