The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26270 of 2024 An application under Article 226 of the Constitution of India Governing Body, Gangadhar Mohapatra Law College, Puri and another -Versus- …. Petitioners Madhusudan Law University, Cuttack and others …. Opposite Parties Advocates appeared in this case: For Petitioners : Mr. Sudarshan Nanda, Advocate For Opp. Parties: Mr. Prabhu Prasanna Behera, Advocate for University (opposite party nos.1 to 4) Mr. J.K. Khandayatray, ASC for opposite party no.5 CORAM: THE HON’BLE MR. JUSTICE DIXIT KRISHNA SHRIPAD AND THE HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO J U D G M E N T 17.06.2025 PER MRUGANKA SEKHAR SAHOO, J. By filing the writ petition the petitioner, Governing Body of Gangadhar Mohapatra Law College, Puri Page 1 of 12 (hereinafter called ‘Law College’ for short) challenges the letter dated 21.09.2024 (Annexure-12 to the writ petition) issued by the opposite party no.1-University and the subsequent letter issued by it dated 05.10.2024 (Annexure-
Decision
14 to the writ petition). 2. The undisputed facts and events those have preceded the issuance of the impugned letter dated 21.09.2024 are briefly summarized. The Law College was established in the year 1981 the Director of Public Instruction (DPI), Department of Higher Education accorded provisional concurrence for opening up of LL.B Course (Bachelor of Law for the Academic Session, 1981-1982). The concurrence granted by the DPI was provisional which was extended from time to time. On 07.11.1983 the college was granted provisional affiliation by Utkal University for the LL.B. Course with 320 seats for the Session 1982-83 subject to fulfilment of the statutory conditions. W.P.(C) No.26270 of 2024 Page 2 of 12 Pursuant to application made by the college, the Bar Council of India (BCI) carried inspection and granted approval of affiliation by the BCI. By notification dated 19.02.1996 (Annexure-3), the college was granted ‘permanent affiliation’ to LL.B. Course conducted by the college with 320 seats from the academic session 1995-96. The said notification of ‘permanent affiliation’ was intimated to the Government in the Department of Higher Education as well as the BCI. Thereafter, there has been some decisions of the Utkal University qua the college e.g. decision intimated by letter dated 23.06.2004 issued to the College for reduction of number of students to 160 for the Pre-Law classes for the session 2004-2005. The said decision of the University was challenged by filing W.P.(C) No.13527 of 2004 that was disposed of by the order dated 05.01.2006 allowing the college to continue with a sanctioned and affiliated student strength of 240 in Pre- Law, Inter-Law and Final-Law classes. 3. The present opposite party no.1, i.e., Madhusudan Law University (hereinafter ‘the Law University’ for short) W.P.(C) No.26270 of 2024 Page 3 of 12 came into being, notified by the Government by notification dated 07.04.2021 (Annexure-8) for convenience of reference and contents of the notification in toto are reproduced herein : “… In supersession of this Department Notification No.11494 dated 04.03.2020 and Notification No.18940 dated 11.06.2020, the State Government do hereby alter the territorial jurisdiction of all the existing Universities of the State and establish a new University called “Madhusudan Law University” at Cuttack by upgrading Madhusudan Law College, Cuttack with effect from the 28th April, 2021. All the existing Government and Private Law Colleges, except the constituent Law Colleges of different Universities of the State, shall cease to be affiliated from their respective University from 28th April, 2021 and shall stand affiliated to the Madhusudan Law University from that date. The said Madhusudan Law University shall have jurisdiction, save as aforesaid, over all Law Colleges of the State. By order of the Governor Sd/- Principal Secretary to Government Dated:07.04.2021.” [Emphasis Supplied] 4. Purportedly, acting upon the powers conferred by Orissa University First Statute, 1990, guidelines issued by the Bar Council of India regarding recognition of law colleges, guidelines issued by the UGC, the Odisha W.P.(C) No.26270 of 2024 Page 4 of 12 Universities Act 1989 and the Legal Education Rules, 2008 the opposite party no.1-Law University started issuing several letters/orders to regulate activities of the Law College. As per the petitioners the proverbial last straw on the camel’s back was the letter dated 21.09.2024, i.e., impugned in the present writ petition. 5. The opening paragraph of the said impugned letter is reproduced herein for convenience of reference and analysis: “MADHUSUDAN LAW UNIVERSITY, CUTTACK (State University Established under Universities Act, 1989), the Odisha Station Road, Cuttack, Odisha-753 003 Letter No: MLU-Affiliation/1990/2024 Date:21.09.2024 The Hon’ble Vice Chancellor has been pleased to grant provisional affiliation in favour of G.M. Law College, Puri with 240 seats for the academic sessions 2022-2023 and 2023-2024 to regularize the affiliation for 3 year LL.B. course and three sections @ 60 each from the academic session 2024-2025 for the above course in anticipation of approval of the Bar Council of the Madhusudan Law University. Further the college has also been granted with 30 seats for LL.M. course for each academic sessions i.e., 2022-2023, 2023-2024 and 2024-2025. After the approval of the Syndicate, regular Affiliation letter will be communicated in due the Syndicate of India and W.P.(C) No.26270 of 2024 Page 5 of 12 course of time subject to fulfillment of the following conditions:” In response to the letter dated 21.09.2024 the petitioners-law college filed their reply addressed to the Chairman, Affiliation Committee-opposite party no.3 by letter dated 29.09.2024. The petitioners are aggrieved by use of the words “... has been pleased to grant provisional affiliation in favour of G.M. Law College, Puri with 240 seats...”. The said letter dated 21.09.2024 was followed by the letter dated 05.10.2024 with captioned subject: ‘Return of Demand Draft amounting to Rs.36,000/- along with Return of Matriculate of 3 years LL.B. Course for the admission batch-2024-25’. The said subsequent letter dated 05.10.2024 is also under challenge. 6. The opposite party no.1-University have filed their counter affidavit in response to the writ petition, inter alia, contending that the University is well within its competence under law to issue such letter dated 21.09.2024. The petitioner-Institution is not properly represented as it is W.P.(C) No.26270 of 2024 Page 6 of 12 represented through the Principal-cum-Secretary of the Governing Body after he has superannuated on attaining the age of superannuation. Therefore, the writ petition cannot be maintained by the law college through the said Principal. Inter alia, it has been further stated that the petitioner-Institution does not comply the guidelines for maintaining the students strength for LL.B. Course. The Orissa Universities First Statute(s), 1990: paras-185, 190, 191, 193, 195, combinedly read, would lead to conclusion that the syndicate of the University enjoys absolute power in terms of affiliation of the college. After coming into being of the Law University vide notification dated 7th April, 2021 the concept of ‘permanent affiliation’ is no more in existence as after establishment of the Law University all the affiliations have ceased. 7. The learned counsel, Mr. Nanda for the petitioner-Law College, Mr. Behera for the Law University were heard in extenso. In view of the judgment that would be passed the voluminous material brought before this Court in form of pleadings and the additional pleadings is not required to be W.P.(C) No.26270 of 2024 Page 7 of 12 gone into in further detail, which was also fairly accepted by both the learned counsel for the parties. 8. The word “affiliation” has been defined under Section- 12A of the University Grants Commission Act, 1956 and Regulation-2.1 University Grants Commission (Affiliation of Colleges by Universities) Regulation 2009*, (same definition) as hereunder: “affiliation” together with its grammatical variations, includes, in relation to a college, recognition of such college by, association of such college with, and admission of such college to the privileges of a university.” Section-19 (1) of the Odisha Universities Act, 1989, refers to the word “Privileges”. “19. (1) Any two members of the Syndicate or the Director may bring forward a proposal in the Syndicate that a college be deprived, either in whole or part, of its privileges.” 9. In view of the challenge to the issuance of the letter dated 21.09.2024 stating ‘the Hon’ble Vice Chancellor has been pleased to grant provisional affiliation of G.M. Law College, Puri …’. The issue to be adjudicated by this Court boils down to the question: whether after notification of grant of ‘… permanent affiliation to LL. B. Course…’ by the W.P.(C) No.26270 of 2024 Page 8 of 12 Utkal University, upon establishment of new University called ‘Madhusudan Law University’ the affiliation granted by Utkal University ceased to exist with effect from the date of notification establishing Madhusudan Law University. 10. In our considered opinion the answer can be obtained and ascertained from the notification establishing Madhusudan Law University, i.e., notification dated 07.04.2021 (Annexure-8) which has been reproduced above. The language used in the notification is clear and unambiguous regarding affiliation. It is stated in the said notification (as indicated above) that all the existing Government and private law colleges ‘…shall cease to be affiliated from their respective universities from 28th April, 2021 and shall stand affiliated to the Madhusudan Law University from that date …’. [Emphasis Supplied] 11. The notification dated 7th April, 2021 does not contemplate cessation of affiliation from the respective Universities resulting in temporary affiliation with the newly W.P.(C) No.26270 of 2024 Page 9 of 12 established Law University. The plain grammatical meaning that would emanate is that the existing private and government law colleges stood affiliated to the Law University from 28th April, 2021. 12. We have not shown any provision that confers such power upon the University that has affiliations of the colleges can declare the ‘permanent affiliation’ granted, to become ‘provisional affiliation’ without any intervening event having any such legal consequence. The Law University established by notification dated 07.04.2021 cannot outgrow the said notification to become a law unto itself and declare that the permanent affiliation(s) granted by the existing Universities of the State become provisional affiliation(s), which is neither contemplated nor intended in the notification dated 07.04.2021. The fountain cannot rise above the source instead of flowing in its course and in case of the University it has to traverse a legal course being a creature of statute itself. On the contrary, the notification given plain grammatical meaning leads to irresistible conclusion that the territorial jurisdiction of the existing W.P.(C) No.26270 of 2024 Page 10 of 12 Universities has been altered and the existing Government and private law colleges except the constituent law colleges of different Universities stand affiliated to the law University from 28.04.2021. 13. In view of the discussions made above, the letter dated 21.09.2024 (Annexure-12 to the writ petition) issued by the opposite party no.1-University is set aside to the extent it declares the affiliation granted to the petitioner college to be provisional affiliation. No part of the said letter or any other communication made on behalf of opposite party no.1- University shall be interpreted to indicate/mean or have a consequence that the affiliation granted by the Utkal University to the petitioner-Law College by letter dated 19.02.1996 has ceased with effect from 28.04.2021 and metamorphosed to ‘provisional affiliation’ with effect from 28.04.2021 by the Law University. 14. It is further clarified and added by this Court that setting aside of the letter dated 21.09.2024 to the extent indicated above and our observations do not in any manner curtail the power of the Law University to ensure/regulate W.P.(C) No.26270 of 2024 Page 11 of 12 academic standards of the petitioner-Law College in accordance with law and compliance to be made by the Law College(s). The suzerainty of the Law University over the law college(s) shall remain as such, in accordance with the relevant rules and statute. It is expected that the petitioner- College shall maintain the teaching standards, comply with all the necessities in maintaining such teaching standards. 15. The writ petition is allowed to the extent as indicated above and is disposed of accordingly. In the facts and circumstances of the case, there shall be no order as to costs. Dixit Krishna Shripad Judge Mruganka Sekhar Sahoo Judge Orissa High Court, Cuttack The 17th June, 2025/Dutta/Gs/Jyostna Signature Not Verified Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: ORISSA HIGH COURT Date: 25-Jun-2025 11:49:48 W.P.(C) No.26270 of 2024 Page 12 of 12