JUDGMENT : Pratipta Ray, J. - Bahugram College (hereinafter referred to as the 'College') was established as a junior College during the academic session 1988-89 after obtaining necessary permission and provisional concurrence/recognition from the State Government. Provisional concurrence /recognition were granted for the first year and second year of Higher Secondary Courses in the Arts stream for 128 number of students. After establishment and Government concurrence/recognition the Council of Higher Secondary Education, Orissa (hereinafter referred to as the 'Council') granted provisional affiliation for opening of Higher Secondary Arts stream for the academic session 1988-89 and 1989-90 with sanctioned strength for 128 students. The Governing Body of the College applied for increasing the number of seats from 128 to 256. On such application the Government granted concurrence for increasing the student's strength from 128 to 176 for the academic session 1990-91 with the condition that the Government will not bear any financial burden for such increase of seat. The Council also allowed the College to send 128 students as regular candidates in 1992 Annual + 2 Examination. In the meantime there was inspection of the College. The Deputy Director ( + 2 Education) by letter dated February 6, 1993 forwarded the inspection report along with the recommendation of Director of Secondary Education to the department of Higher Education and requested the Government to accord concurrence for increase of seats from 176 to 256 from the academic session 1991-92 and for opening new subjects as mentioned in the letter. On the basis of such recommendation the Government accorded concurrence/recognition under Rule 7(1) of the Orissa Education Rules, 1991 to increase the students' strength from 176 to 256 from the academic session 1991-92. The Council also granted necessary permission to 256 students to appear at the + 2 Annual Examination of 1993 and in fact 256 students appeared at the said Annual Examination. Since then in each subsequent year up to the academic session 1996-97 necessary provisional concurrence/recognition were given permitting the College to send 256 regular students to appear at the Higher Secondary Annual Examinations. By letter dated in December 10, 1997 the Deputy Director (+ 2 Education) requested the Council to allow Colleges included in the list enclosed thereto to present such number of candidates as mentioned in the list at the Annual + 2 Examination of 1998. By letter dated in December 10, 1997 the Deputy Director (+ 2 Education) requested the Council to allow Colleges included in the list enclosed thereto to present such number of candidates as mentioned in the list at the Annual + 2 Examination of 1998. Name of this College was there at serial No. 28 and the sanctioned strength of students was also mentioned as 256. For the Higher Secondary Annual Examination of 1999, 256 students who were admitted during the session 1997-98 filled up their forms in the College. When the College submitted the forms of 256 regular candidates with necessary papers and draft, the Council expressed its inability to accept forms from 256 students on the plea that the sanctioned strength of the College is only 176. Being aggrieved by such refusal by the Council to accept forms from 256 students, the Governing body of the College through its Principal in-charge has filed this writ petition. 2. On behalf of opp. party No. 2, the Director, Higher Education, a counter affidavit affirmed by Sri Durga Charan Nayak, Deputy Director ( + 2 Education) has been filed. It has been stated in the counter that the State Government was granting provisional concurrence annually permitting 256 students to appear only for the limited purpose of facilitating the already admitted students to appear at the Examinations. It has been further stated that as far back as in 1994 the Principal, Ravenshaw College was requested to inspect the College and to submit report for the purpose of granting permanent recognition raising sanctioned student strength from 176 to 256 and opening of new subjects, but the inspection report has not yet been submitted. In absence of an inspection report the State Government has not been able to consider grant of permanent concurrence and in fact no provisional concurrence/recognition was given for the academic session 1997-98. As no provisional concurrence was given for the academic session. 1997-98, the Council rightly refused to accept forms from students beyond the sanctioned strength of 176. 3. Referring to the provisions of Orissa Education) (Establishment, Recognition and Management of Private Junior Colleges Higher Secondary Schools) Rules, 1991(hereinafter referred to as "Recognition Rules"). Mr. Mohanty, learned Addl. As no provisional concurrence was given for the academic session. 1997-98, the Council rightly refused to accept forms from students beyond the sanctioned strength of 176. 3. Referring to the provisions of Orissa Education) (Establishment, Recognition and Management of Private Junior Colleges Higher Secondary Schools) Rules, 1991(hereinafter referred to as "Recognition Rules"). Mr. Mohanty, learned Addl. Government Advocate has submitted that even after obtaining permission to establish a College the College is required to obtain due concurrence/recognition upon fulfillment of conditions prescribed under the Orissa Education Act and the Recognition Rules framed there under. According to him, unless the College gets concurrence/recognition the students cannot be permitted to sit in the Examination only on the strength of the permission granted for setting up the College. 4. u/s 5 of the Orissa Education Act no private educational institution can be established without obtaining permission from the State Government. From the scheme of the Act it appears that permission is granted keeping in mind the educational needs of the concerned area justifying establishment of an educational institution there. The permission for establishment of College is not and cannot be provisional. Rather the educational institution for the establishment of which permission has been accorded, is to start functioning within 45 days from the date of commencement of the academic year following the date of communication of the order granting permission. If a college is not set up or does not start functioning within the said time limit permission lapses unless the prescribed authority for good and sufficient reason extends the date for commencement of functioning. After obtaining permission the authorities are to submit application for recognition and to fulfill the conditions mentioned in Section 6A of the Act. It is clear from the provisions of Sections 5, 6 and 6A of the Act that a college can start and in fact is required to start functioning before obtaining recognition and if the conditions are satisfied and the college functions satisfactorily recognition is given with retrospective effect from the academic session when the students are admitted. Section 6 of the Act also authorizes the State Government to grant temporary recognition for one year at a time but not exceeding 5 years in aggregate. Within five years the State Government will have to take a final decision whether permanent recognition will be given or not. Section 6 of the Act also authorizes the State Government to grant temporary recognition for one year at a time but not exceeding 5 years in aggregate. Within five years the State Government will have to take a final decision whether permanent recognition will be given or not. It is obvious from the Scheme of the Act that while granting temporary recognition the Concerned authorities should specify the unfulfilled condition or deficiencies, if any to enable the College to fulfill such conditions and to remove the deficiencies so that it cap got permanent recognition. Once the provisional recognition has been given the State Government cannot refuse to grant provisional recognition for the subsequent period without assigning reason therefore. If there is no specific good and valid reason for refusing provisional recognition the State Government is to go on renewing provisional recognition for five years or till it takes a final decision whichever is earlier. In view of the Scheme as envisaged by the Act, the State Government cannot stop granting provisional recognition without taking a final decision and such final decision is required to be taken within a period of five years from the grant of first provisional recognition. 5. In the present case provisional recognition for 256 students has been given to the academic Section 1996-97 and the question of grant of permanent recognition is under consideration of the State Government. The Government has failed to take any final decision for no fault of the college. No particular reason has been assigned why the College is not entitled to get extension provisional recognition for 256 students and the subjects as requested till a final decision is taken in the matter. It is for the State Government to get the college inspected by its representatives and to take a final decision within five years from the commencement of the recognition. We do not find any valid or lawful reason for not granting provisional recognition for 256 students and for five new subjects for the academic sessions 1997-98 and 1998-99. 6. It is for the State Government to get the college inspected by its representatives and to take a final decision within five years from the commencement of the recognition. We do not find any valid or lawful reason for not granting provisional recognition for 256 students and for five new subjects for the academic sessions 1997-98 and 1998-99. 6. In the facts and circumstances as stated above, we direct the State Government to grant provisional recognition to the Petitioner - College with the sanctioned strength of 256 students with five new subjects for the academic sessions 1997-98 and 1998-99 and also the council for Higher Secondary Education, Orissa to accept forms from 256 students of the college and to permit them to appear at + 2 Annual Examination of 1999 and 2000 if they satisfy the other relevant conditions. We further direct the State Government to take a final decision regarding grant of permanent recognition to the college with the subjects as requested by May 31, 1999 so that the authorities of the present college can know the sanctioned strength of the students and the approved subjects before commencement of academic session 1999-2000. 7. The writ petition is allowed to the extent indicated above. R. K. Patra, J. 8. I agree. Writ petition allowed. Final Result : Allowed