JUDGMENT : S. PANDA, J. – Petitioner, in the present writ application, challenges the order dated 1.6.2013 issued by the Additional Secretary to Government by way of corrigendum in not allowing the petitioner's institution to open +2 Science College, Koradakanta in the district of Khurda in spite of the recommendation made by the High Power Committee in its meeting dated 22.5.2013 communicated to the petitioner's institution on 30.5.2013. 2. The petitioner's institution namely, Gandhi +2 Science College, Koradakanta in the district of Khurda considering the educational need of the locality wanted to establish +2 Science College and therefore formed a Governing Body. To obtain prior permission as required under Section 5 of the Orissa Education Act (in short, "the Act") read with Rule 4(2) and 19(1) of the Management Rules, 1991 (in short, "the Rules") the institution filed application before the prescribed authority with required documents. After receiving the application, the Joint Regional Director of Education, Odisha, Bhubaneswar inspected the institution on 18.2.2013 and submitted a report on 15.3.2013. The said report was considered by the High Power Committee in its meeting held on 22.5.2013. The said Committee on the aforesaid date also considered applications filed by the different institutions to accord prior permission for establishment of educational institutions. After due scrutiny of the applications filed by the different educational institutions, the applications are placed before the High Power Committee for grant of permission, recognition etc. The said Committee again scrutinized those applications so also the recommendations made by the respective Regional Directors who have submitted their reports after inspecting the institutions. After due deliberation, the High Power Committee passed order with regard to grant of permission for opening of new colleges as per the statutory provision. On 22.5.2013, the High Power Committee considered 203 proposals recommended by the Regional Directors. The Committee on consideration allowed 52 applications by granting permission to establish educational institution and rejected 133 applications so also deferred 19 applications. The said order of the Committee was communicated on 27.5.2013 alongwith the list of institutions to whom permission were granted and to whom permission was not granted and whose cases were deferred. In the said list allowing the permission at Annexure-3, the name of the petitioner's institution is reflected at serial No. 63. The said order of the Committee was communicated on 27.5.2013 alongwith the list of institutions to whom permission were granted and to whom permission was not granted and whose cases were deferred. In the said list allowing the permission at Annexure-3, the name of the petitioner's institution is reflected at serial No. 63. The prescribed authority after receiving the said lists on 27.5.2013 in its letter No. 12114/RDE dated 30.5.2013 communicated to the petitioner's institution under Annexure-4. In the said letter it was clearly stated that the proposal for opening of +2 Science College in the name of Gandhi +2 Science College, Koradakanta, Jharpada, Bhubaneswar, dist-Khurda has been considered and allowed by the HPC in their meeting held on 22.5.2013 from the session 2013-14 subject to fulfilment of the conditions within a period of one month time failing which no extension of time shall be allowed. Those conditions are regarding deposit of money, an affidavit with undertaking that the institution shall not claim any financial or additional financial aid from Government at any point of time and till such time the institution is inspected and conditions are found to be fulfilled to the satisfaction of the Prescribed Authority the institution shall not admit students and college should have separate land recorded in its name and should abide by the fee structure decided by the Fee Structure Committee. While the matter stood thus, just the next date the impugned corrigendum was issued by Addl. Secretary to Government who has no authority to change the decision of the High Power Committee. Hence, the present writ petition. 3. Learned counsel for the petitioner submitted that the petitioner's institution is to start functioning by admitting the students within 45 days from the date of permission and the opposite party No.4, the Director of Higher Education, Odisha, Bhubaneswar is to publish the name of the College in their website so that the institution will admit the students in different courses. Due to issue of such impugned order, the name of the petitioner's institution could not be reflected in the website for admission of the students as such the local students who are belongs to rural area and poor students faced immense difficulties to prosecute +2 science course in the said institution. He further submitted that the High Power Committee is the competent authority to take a decision to grant permission or not to grant permission. He further submitted that the High Power Committee is the competent authority to take a decision to grant permission or not to grant permission. In the present case, the High Power Committee has already granted permission to the petitioner's institution on 22.5.2013 which was communicated thereafter and no decision has been taken by the said committee either to add or alter or modification of the decision taken on 22.5.2013. Therefore, the impugned notification dated 1.6.2013 is liable to be quashed. 4. A counter affidavit is filed by opposite party Nos. 1 and 2 wherein they have taken a stand that another college similar to the name of the present petitioner institution i.e. Gandhi Junior College at Madanpur in the district of Khurda also applied for permission. The Prescribed Authority appointed Smt. Manaswini Dash, Joint Director to inspect both the institutions. The petitioner's institution was inspected on 18.2.2013 and report was submitted on 15.3.2013 with an observation that the educational agency has taken a building on rent for the proposed college and is financially sound and the application may be placed before the High Power Committee for consideration of opening of +2 Science college with 32 seats in PCM and 32 seats in CBZ as it is situated in a rural area. However, the Regional Director of Higher Education, opposite party No.3 gave a divergent view showing number of self-financing colleges in and around Bhubaneswar which are large in number and the sanctioned strength has not been filled up in those colleges. The matter of granting opening permission to a new college may be placed before the High Power Committee for taking final decision in this regard. They have annexed the report dated 15.3.2013 as Annexure-A/1. The said report reveals that the institution situated in the Gram Panchayat Basuaghai. It will provide ample scope to the student belongs to poor and middle class families to pursue higher education and materialize their dreams. The education agency has taken a building on rent for the proposed college and is financially sound. So far as other college is concerned i.e. Gandhi Junior College, Madanpur, the report was submitted by the inspecting authority on 10.5.2013 wherein it was stated that the trust has been running an Engineering College with MBA, MCA and four numbers of PG programme. For the proposed +2 Science College there is enough land and around 15000 sq. ft. So far as other college is concerned i.e. Gandhi Junior College, Madanpur, the report was submitted by the inspecting authority on 10.5.2013 wherein it was stated that the trust has been running an Engineering College with MBA, MCA and four numbers of PG programme. For the proposed +2 Science College there is enough land and around 15000 sq. ft. build up area with well equipped laboratories. If the college will get permission then the students will get a very good academic atmosphere. They have also taken a stand that though the petitioner's institution do not fulfil all the criteria, the High Power Committee inadvertently reflected as allowed against the petitioner's institution in the list. However such mistake has been corrected as the name of both the colleges are identical. Permission accorded in respect of Gandhi Junior College, Madanpur, Khurda by issuing the corrigendum. 5. In view of the above rival stand taken by the parties and for better appreciation, the relevant provisions of Section 5 of the Orissa Education Act, 1969 is extracted below : "5. Permission for establishment of Educational institution - (1) No private educational institution which require recognition shall be established except in accordance with the provisions of this Act or the rules made thereunder. (2) xx xx xx xx (3) The applicant along with the application for permission, shall furnish an undertaking that in the event of permission being granted– (i) adequate financial provision shall be made for continued and efficient maintenance of the institution; (ii) the institution shall be located on the lands specified in the application and that such lands are located in sanitary and healthy surrounds; (iii) the building, playground, furniture, fixture and other facilities shall be provided in accordance with the provisions of this Act and rules prescribed therefore; and (iv) all the requirements laid down by the Act, the rules and orders, if any, issued thereunder shall be complied. (4) xx xx xx xx (5) The Prescribed Authority shall scrutinize each application, consider the applications which are found complete in all respects and have been made in conformity with the Act and rules made thereunder and thereafter may make such inquiry as he may deem necessary. He shall make a report in respect of each application with his recommendations which shall be placed before the Committee constituted in this behalf by the State Government. He shall make a report in respect of each application with his recommendations which shall be placed before the Committee constituted in this behalf by the State Government. (6) If the Committee is satisfied that the educational needs of the local area justify the establishment of an educational institution that the place where the educational institution is proposed to be established is likely to best serve the educational needs of that area, that the location of the educational institution is not otherwise objectionable and that permission may be granted to any person or body of persons, the Committee shall make an order to that effect specifying the conditions to be fulfilled by such agency. (7) xx xx xx xx (8) xx xx xx xx (9) When a new private educational institution is established in accordance with the permission granted under this section the fact of such establishment shall be reported by the Agency to the Prescribed Authority forthwith and .in any case no later than forty-five days from the date on which the institution starts functioning. (10) Where a new private educational institution in relation to which permission has been accorded under this section fails to start functioning within 45 days from the date of commencement of the academic year following the date on communication of the order of permission, the permission so accorded, shall lapse; Provided that the Prescribed Authority may, for good and sufficient reasons extend, on application, the date from which the educational institution shall start functioning for such period not exceeding beyond the first day of the following academic year." (emphasis supplied) On a plain reading of the above statutory provisions, it appears that after receiving application to accord permission the Prescribed Authority as stipulated in Sub-Section (5) of the Orissa Education Act may make such enquiry and make a report with recommendation which has been given in the present case as reveals from the counter affidavit. Sub-section 6 of the Act stipulates that if the Committee is satisfied that the educational need of local area justify the establishment of an educational institution that the place where the educational institution is proposed to be established is likely to best serve the educational needs of the area the permission may be granted. Sub-section 6 of the Act stipulates that if the Committee is satisfied that the educational need of local area justify the establishment of an educational institution that the place where the educational institution is proposed to be established is likely to best serve the educational needs of the area the permission may be granted. The statute does not provide the Committee to make further enquiry or to collect any further data regarding educational needs of the locality except the report furnished by the Prescribed Authority as stipulated in Sub-section 5. In case the Committee takes a different view then it must specify the reason for taking a different view instead of expressing only allowed or rejected. 6. After going through the records filed by the petitioner and opposite parties the High Power Committee itself taken a decision after scrutinizing the applications to accord permission and being satisfied issued the list of colleges in its meeting dated 22.5.2013. The High Power Committee consisting of the following members : (i) the Principal Secretary to Government, Higher Education Department (ii) Director Higher Education, Odisha (iii) Vice Chancellor Shri Jagannath Sanskrit University, Puri (iv) Secretary Law Department (v) Regional Director of Education, Bhubaneswar (vi) Regional Director of Education, Berhampur (vii) Regional Director of Education, Sambalpur (viii) Addl. Secretary to Government, Higher Education Department. But the corrigendum issued by one of the member i.e. Addl. Secretary to Government of Odisha, Department of Higher Education on 1.6.2013. Accordingly Section 5 of the Act has been violated. As per statute no other authority has jurisdiction to change the decision of the High Power Committee. 7. There is no other document also before the High Power Committee that there was no local need to open such institution rather the inspection report states that the institution situated in a rural area and poor local people will be benefited immensely in case the permission is granted to open the institution. The poor villagers are not able to provide financial help to their children to prosecute science studies in a costly town like Bhubaneswar. Considering all those aspects, the High Power Committee has accorded permission to the petitioner's institution which has been subsequently withdrawn by way of issuing the corrigendum by the Additional Secretary to Government who has no jurisdiction to issue such corrigendum. Considering all those aspects, the High Power Committee has accorded permission to the petitioner's institution which has been subsequently withdrawn by way of issuing the corrigendum by the Additional Secretary to Government who has no jurisdiction to issue such corrigendum. Statute does not confer jurisdiction on the Additional Secretary to issue such corrigendum by modifying and altering the decision taken by the High Power Committee. Accordingly, the impugned order dated 1.6.2013 so far as petitioner's institution is concerned issued by Addl. Secretary to Government of Odisha, Department of Higher Education vide Annexure-5 to the writ petition is quashed. Further this Court directs the opposite parties to reflect the name of the petitioner's institution in the list of colleges in their website to admit the students in +2 Science stream with the sanctioned courses as per the decision of the High Power Committee Meeting dated 22.5.2013. The writ petition is allowed. Petition allowed.