Orissa High Court
Governing Body vs Madhusudan Law University on 17 June, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
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 .... Petitioners
Mohapatra Law College, Puri and
another
-Versus-
Madhusudan Law University, .... Opposite Parties
Cuttack and others
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
JUDGMENT
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-
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 the Odisha
Universities Act, 1989),
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 India and the Syndicate 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 dueW.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
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