The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 22432 of 2025 Gurukul Institute of Technology, Bhubaneswar …. Petitioner Represented by Adv.– Mr. Devi Prasad Dash, Advocate -Versus- Biju Patnaik University of Technology, (B.P.U.T), Rourkela, Sundargarh & Others …. Opposite Parties Represented by Adv._ Mr. Partha Sarathi Nayak (for Opposite Party No.1) CORAM: HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 09.09.2025 (Hybrid mode) 05. 1. The Writ Application has been filed by the petitioner- College imparting education in Engineering and other subjects with the following prayer: - “iii) Issue Rule ’Nisi’ calling upon the O. P No. 1 to show cause as to why the impugned decisions taken by the BRUT - University vide BPUT letter No. 5008 dated 21- 07-2025 under Annexure -1 in which the Provisional Affiliation granted to the petitioner - institute for the academic year 2025-26 vide BPUT/Affl./315/4689/ in letter dated 11-07-2025 was cancelled, shall not be set aside/ quashed. If the 0. R No. 1 shows no cause or shows in-sufficient cause the said Rule may be made absolute.” (sic) When the matter was taken up on 13.08.2025, we had 2. directed for instructions from the opposite party No.1-Biju
Legal Reasoning
Pattnaik University of Technology(BPUT) through Mr. P.S. Nayak, learned counsel who had appeared for the University. He Page 1 of 8 provided instruction indicated in order dated 14.08.2025. The relevant portion of the instructions were reproduced in the order dated 14.08.2025 and are also reproduced herein: - “1. Pursuant to order dated 13.08.2025 Mr. Partha Sarathi Nayak, 1eamed panel counsel for BPUT appears and provides fact sheet which indicates the following :- " 1. Institute Involved : Gurukul Institute of Technology, Jamujhari, Chhatabar, Bhubaneswar, was an aj:filiated college of Biju Patnaik University Of Techaology (BPUT) , Odisha. 2. The following persons were appointed as faculty members at Gurukul Institute Of Technology during the relevant period: - - - - Sri Sangram Pradhan Sri Sanjay Kumar Jena Sri Swarup Ranjan Sahu Sri Sangram Pradhan 3. Nature of Complaint : Several written and email complaints were received by the University directly, and through the Chief Minister’s Grievance Cell and the Prime Minister’s Office, from the aforementioned faculty members regarding non-payment of salary for the period between February 2019 and January 20211 despite their continued service during this duration. 4. References Received : Multiple communications and grievance letters were submitted by the faculty members, which are collectively enclosed as Annexure-1. 5. Action Taken by the University : response, issued written the University In communications to Gurukul Institute Of Technology, Page 2 of 8 the pending salaries instructing them to resolve the dispute amicably and release i;aculty members. These communications are enclosed herewith as Annexure2. the said to x x x 8. Institutional Response : Treating the matter as extremely serious, the - university promptly issued a letter [Ref. No.:BPUT- XXIII-CDC/73/I8/5008 21-07-2025], communicating the cancellation of provisional affiliation granted f or the academic year 2025-26. dated Additionally, the local police authorities were - informed immediately to take pre-emptive action and ensure the safety and wellbeing of the faculty members, the acknowledging situation.” the gravity and sensitivity of 2. Mr. Nayak, learned counsel was asked by the Court, whether under the provisions of the statute, University can take such action as de-affiliation of the Institution. In response it is submitted by learned counsel that in view of the grave concern of the faculty members as indicated in the paragraph-2 of the fact sheet, and for the fact that complaint/grievance has been sent to several constitutional authorities of the State and the Country, the University has to act which is well within their domain as per the University First Statute. It is submitted that some of the authorities have asked the University to act upon the complaints. 3. We have also noticed that the petitioner-institution apart from challenging withdrawal of affiliation has not challenged the authority of the University to withdraw such affiliation. Prima facie we are also satisfied that suzerainty of the University over the institution includes withdrawal of Page 3 of 8 affiliation in case of violation of the clause 50(3)(viii) of the "First Statute2006 of the University. By order dated 14.08.2025, we had observed that at their level, the University shall have the liberty to settle the issue. However, proof of payment of any amount and other details were to be furnished to the learned counsel for the University to enable him to obtain instruction. 4. Thereafter, on 26.08.2025, it was submitted by the learned counsel for the petitioner that the petitioner-College was taking definite and positive steps for resolving the matter and the matter was adjourned to 03.09.2025. On 3rd September, 2025, it was submitted by the learned counsel Mr. Dash appearing for the petitioner-Institution that the petitioner- Institution has cleared certain amount payable to the staff employees that was the issue leading to de-affiliation of the College by the University. 5. Today when the matter is taken up, it is submitted by Mr. Dash, learned counsel that the affidavit dated 04.09.2025 was filed before this Court on 04.09.2025, copy thereof was served on the learned counsel Mr. Nayak for the BPUT. The relevant portion of the affidavit indicating the interaction / deliberation between the College and the staff regarding the pending disputes are extracted herein:- “3. That pursuant to the above-referred settlement all the said private complainants i.e. the present O.P. No. 2 to 5, have sent their written requests to the Registrar of BPUT (O.P. No. 1) by sending it from the e-mail Id of Sri Sangram Pradhan (O.P. No. 3) on 1st September 2025 and by handing over the copies of the relevant papers to the deponent as the proof of the same. Page 4 of 8 True copies of the computer generated copy showing for dispatch of the email dated 01-09-2025 from the e-mail Id of Sri Sangram Pradhan (O.P. No. 3) to the Register of BPUT with the attachment letter of request duly signed by the complainants i.e. O.P. nos. 2 to 5, are filed herewith this affidavit being marked as Annexure - 1 series. 4. That it is also most respectfully stated that the principal of the petitioner - institute i.e. the deponent in letter dated 01-09-2025 sent to the Registrar of BRUT (O.P. No. 1), has also brought to the notice of the University with regard to the settlement of the aforesaid above-named issues with arrear complainants, with the further request to the authorities of BRUT (O.P. No. 1) to withdraw the de-affiliation decisions taken in letter dated 21-07-2025. salaries the True copy of the letter dated 01-09-2025 issued by the principal of the principal of the petitioner - institute to the Registrar of BRUT (O.P. No. 1) with email dated 01-09-2025 is filed herewith this affidavit being marked as Annexure - 2. agreement 5. That it may be relevant to bring to the kind notice of regarding an this Hon’ble Court, acknowledgment of settlement was executed between the petitioner - institute with the said complainants i.e. O.P. Nos. 2 to 5 and the same was notarized at Bhubaneswar on 30-08-2024. In the meanwhile, the abovenamed complainants i.e. the present O.P. Nos. 2 to 5 have duly executed an affidavit on 03-09-2025 before the Notary Public: Bhubaneswar, by declaring and acknowledging their settlement issues of arrear salaries with the petitioner-institute with their full satisfaction and the same affidavit was handed over by them to the deponent. True copies of the Notarized agreement dated 30- 08-2025 and affidavit dated 03-09-2025, are filed herewith this affidavit being marked as Annexure-3 Series. Page 5 of 8 6. That it is respectfully submitted that above noted issues have been duly settled with the present O.P. Nos. 2 to 5 with their satisfactions, hence in view of the same the University i.e. BPUT (O.P. No. 1) has been requested to withdraw it decisions of de-affiliation of the petitioner - institute for the academic session 2025-26 keeping in view of the orders / directions passed by this Hon’ble Court in order dated 14-08-2025 in the aforesaid writ petition as well as taking into note of the last date for admission into the B.Tech (Engineering) U.G. course is fixed to 15th September 2025. True copy of the AICTE Academic Calander 2025- 26 issued on 11-08-2025, filed herewith this affidavit being marked as Annexure-4.” 6. The learned counsel for the BPUT produces office letter dated 8th September, 2025 along with memo of date, copy of which has been served on learned counsel Mr. Dash. The memo with the office letter is taken on record. The relevant portion indicating the response of the University of the “settlement” between the petitioner-Institution and opposite parties No.2 to 5 is reproduced herein:- “In the meantime, an email has been received from the college vide letter No. GIT/PRIN/FPI/BPUT/104/25 dated 06-09-2025 regarding partial payment to the former faculty members and with a request to withdraw the de-affiliation order, also an email has been received from faculty members informing about the amount they have received partially towards their pending salary.” 7. We are conscious of the fact that for early disposal of the mater we had not issued notice to opposite parties No.2 to 5, who are stated to be working as Faculty in the petitioner- Institution. Therefore, we are not entering into the merit of the inter-se claim between the petitioner-Institution and the opposite parties No.2 to 5. Page 6 of 8 We are also of the opinion that the present proceeding
Decision
i.e. the writ petition is not the effective forum for adjudication of alleged dispute between the petitioner-Institution and the opposite parties No.2 to 5. The opposite parties No.2 to 5 if so advised, shall have the liberty to approach any Judicial forum/Authority for redressal of their grievances, if any. Similarly, the petitioner-Institution shall have the right of responding to any of claim that may be made by the opposite parties No.2 to 5. We have not and are not expressing any opinion on the said issues. 8. Having heard learned counsel for the parties as we had indicated in earlier order, we have to consider the fact that withdrawal of affiliation of the petitioner-Institution by the University impacts the survival of the institution itself and that may impact all the employees working under the Institution. Ultimately, the remedial measure adopted by the University may end up being disproportionate and would have an adverse impact on all the employees. This aspect needs to be considered by the University while proceeding further in the matter. 9. In view of the affidavit filed by the petitioner dated 04.09.2025 and the office letter produced by the learned counsel for the University along with a memo dated 09.09.2025, we direct the University to withdraw the letter dated 21.07.2025, as in the said letter, the ground for withdrawal of affiliation is mentioned to be the dispute between the petitioner-Institution and the opposite parties No.2 to 5. 10. It is submitted by Mr. Dash, learned counsel for the petitioner that the last date of admission of students to the Institution proposed by the All-India Council for Technical Page 7 of 8 Education (AICTE) is 15th of September, 2025. As such, the opposite party No.1-University is expected to take prompt action by 11th September, 2025. 11. The Writ Application is accordingly disposed of with the above directions/observations. Issue urgent certified copy as per rules. Parties are also to act upon production of the website copy of this order. Judge (Manash Ranjan Pathak) Judge. (Mruganka Sekhar Sahoo) Narayan/Ranjeeta Signature Not Verified Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 10-Sep-2025 12:26:16 Page 8 of 8