Permanent affiliation of educational institutions remains valid despite the establishment of a new university unless explicitly revoked by law. Guidelines governing affiliation must not retroactively change the status without legal basis.

JUDGMENT :

MRUGANKA SEKHAR SAHOO, J.

By filing the writ petition the petitioner, Governing Body of Gangadhar Mohapatra Law College, Puri (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.

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) 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 28^th 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 28^th 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 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 ca