Orissa High Court
State Of Orissa vs Premraj Panda on 14 May, 2026
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.1012 of 2024
In the matter of an appeal under Section 10 of letter Patent of
Patna High Court read with Article 4 of Orissa High Court Order,
1948 from the order dated 01.06.2023 passed by learned Single
Judge in W.P.(C) No.12488 of 2019.
State of Orissa .... Appellant
-versus-
1. Premraj Panda .... Respondents
2. Vice Chancellor, Sambalpur
University
3. Sambalpur University
represented through its Registrar
Proforma
4. Director, Distant Education, Respondents)
Sambalpur University
Advocates Appeared in this case
For Appellant - Mr. S.K. Jee,
Additional Government Advocate
For Respondents - M/s. S. Routray, B. Singh, S. Sekhar,
J. Biswal, M. Panda & S. Swain,
Advocates
....
CORAM :
HON'BLE MR. JUSTICE KRISHNA S. DIXIT
HON'BLE MR. JUSTICE CHITTARANJAN DASH
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Date of Hearing & Judgment : 14.05.2026
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Page 1 of 7
PER KRISHNA S. DIXIT,J.
To set the tone, we prelude with what Karl Jaspers (1883-1969) a German-Swiss Psychiatrist and Philosopher wrote in 'The Idea of The University'1:
"The university is a community of scholars and students engaged in the task of seeking truth. It is a body which administers its own affairs regardless of whether it derives its means from endowments, ancient property rights or the state; or whether its original public sanction comes from papal bulls, imperial charters or the acts of provinces or states. In every case its independent existence reflects the express wish or continuing toleration... Like the church it derives its autonomy - respected even by the state - from an imperishable idea of supranational, world-wide character: academic freedom. This is what the university demands and what it is granted. Academic freedom is a privilege which entails the obligation to teach truth, in defiance of anyone outside or inside the university who wishes to curtail it... The university is the one place where by concession of state and society a given epoch may cultivate the clearest possible self-awareness... For it is a human right that man must be allowed somewhere to pursue truth unconditionally and for its own sake..."
State, in this Intra-Court Appeal, seeks to lay a challenge to a learned Single Judge's order dated 01.06.2023, whereby Respondent-Employee's W.P.(C) No.12484 of 2019 having been favoured, the following relief has been conferred on him:
"13. In the final analysis, in the light of the foregoing discussions, the Impugned order dated 31.05.2019 passed by the Government of Odisha in the Department of Higher Education, Odisha, under Annexure-12 in rejecting the claim of the petitioners for regularization in the posts of Junior Assistant in Sambalpur University cannot be sustained in the eye of law and is hereby set aside. The opposite parties shall pass appropriate order for regularisation of services of the petitioners against the posts of Junior Assistant as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this judgment."1
. Karl Jaspers, The Idea of The University (1959), Beacon Press, Boston.
Page 2 of 72. The Appeal is moved after brooking a long delay of 305 days and an application in I.A. No.2567 of 2024 supported by an affidavit accompanies it. Plausible explanation has been offered showing the circumstances that resulted into delay. Learned AGA-Mr. Mohanty also submits that throwing away the main matter on delay alone would not do justice to the cause. Learned counsel appearing for the Employee very fairly submits that the application be allowed and delay be condoned. However, he vehemently opposes the matter on merits contending that the State is not a person aggrieved and therefore, it does not have locus standi to maintain the Appeal.
3. Having heard learned counsel for the parties and having perused the Appeal papers, we decline indulgence in the matter on the following grounds:
3.1. Wilhelm Von Humboldt (1767-1835) a Prussian Philosopher and Founder of Humboldt University of Berlin writes in his Book 'The Spheres and Duties of Government' in Chapter VI2, as under:
"...national education - or that which is organized or enforced by the States - is at least in many respects very questionable. The grand, leading principle, towards which every argument hitherto unfolded ... directly converges, is the absolute and essential importance of human development in its richest diversity; but national education, since at least it presupposes the selection and appointment of some one instructor, must always promote a definite form of development, however careful to avoid such an error. And hence it is attended with all those disadvantages which we before observed to flow from such a positive policy; and it only remains to be added, that every restriction becomes more directly fatal, when it operates on the moral part of our nature, - that if there is one thing more than another which absolutely 2 . Chapter VI - On The Solicitude Of The State For The Mutual Security Of The Citizens -Means For Attaining This End - Institutions For Reforming The Mind And Character Of The Citizen - National Education, Page 3 of 7 requires free activity on the part of the individual, it is precisely education, whose object it is to develop the individual..."3 To illuminate our view, we refer to what Justice Sandra Day O'Connor of the U.S Supreme Court observed in Grutter v. Bollinger4 , that reads as under:
"... ('For a citizen to be made to forego even a part of so basic a liberty as his political autonomy, the subordinating interest of the State must be compelling') ... Justice Frankfurter also asserted that a "free society" depends on "free universities" and 'this means the exclusion of governmental intervention in the intellectual life of a university.' According to Justice Frankfurter: "It is the business of a university to provide that atmosphere which is most conducive to speculation, experiment and creation. It is an atmosphere in which there prevail 'the four essential freedoms' of a university - to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study.' ..."
3.2. A Division Bench decision of the Karnataka High Court in The University of Agriculture, U.A.S. Dharwad v. State of Karnataka5, observed as under:
"... Autonomy of Universities is explained by S.R Dongerkerry as:
'...a university's right to self government, or its right to govern its own affairs, and particularly its right to carry on legitimate activities of teaching and research without interference from any outside authority...' ... The question whether the Govt. can interfere in the affairs of universities need not much detain us any longer in view of our latest pronouncement in THE UNIVERSITY OF AGRICULTURAL SCIENCES vs. SRI. DR. DIGAMBARAPPA & OTHERS, wherein a deep anguish has been expressed against the unjustified interference of Govt. Secretaries in the affairs of Universities, as if they are notional extension of Govt. Departments..."3
. Wilhelm Von Humboldt, The Spheres and Duties of Government, 1854 Edition, Chp. VI - On The Solicitude Of The State For The Mutual Security Of The Citizens -Means For Attaining This End - Institutions For Reforming The Mind And Character Of The Citizen - National Education.
4. 539 U.S. 306 (2003).
5. 2022:KHC-D:7482-DB.
Page 4 of 7The State Government cannot treat the Universities as its Departments, inasmuch as these Universities are creatures of law and their affairs are governed by the Odisha Universities Act, 1989. The provisions of the Act apparently confer autonomy on the Universities. It is the University which happens to be the Employer, and not the State Government. Samaraditya Pal in his 'Law Relating to Public Service, 3rd Edition, LexisNexis' at page 263 writes:
"...Regularisation in service law connotes official formalisation of an appointment ... Such formalisation makes the appointment regular..."
Therefore, in matters relating to appointment, and regularization being one of the modes of such appointment, it is the University which has to take the decision. The KS Kothari Commission Report (1964-66), observed as follows:
"University Autonomy ... The proper sphere of university autonomy lies principally in three fields: - the selection of students; - the appointment and promotion of teachers; - the determination of courses of study, methods of teaching, and the selection of areas and problems of research..."6 3.3. Dr. S. Radhakrishnan Commission Report (1948-49) observed as follows:
"...Universities as the Organs of Civilisation - He indeed must be blind who does not see that, mighty as are the political changes, far deeper are the fundamental questions which will be decided by what happens in the universities...7 ... University Autonomy - Freedom of individual development is the basis of democracy. Exclusive control of education by the State has 6 . Education and National Development, Report of the Education Commission 1964-66, Vol. 3: Higher Education, Chapter XIII, Pg. 644.7
. The Report of The University Education Commission 1948-49, Chp. II - The Aims of University Education, Pg. 29.Page 5 of 7
been an important factor in facilitating the maintenance of totalitarian tyrannies. ...Higher education is, undoubtedly, an obligation of the State but State aid is not to be confused with State control over academic policies and practices. Intellectual progress demands the maintenance of the spirit of free inquiry. The pursuit and practice of truth regardless of consequences has been the ambition of universities...8"
The availability of finance is a point apart and that should not affect the autonomy of the University. Therefore, the State, in our considered view, lacks locus standi to maintain Appeal of the kind.
3.4. The above being said, learned AGA is right in telling that the learned Single Judge should not have directed the State Government to decide in respect of the University-employee's claim for Regularization of service. However, we do not see any pleadings taken up by the State Government before the learned Single Judge in this regard. Therefore, much deliberation need not be made in derogation of what we have stated in paragraphs supra. Learned counsel appearing for the Respondent-employee is right in drawing our attention to W.A. No.1222 of 2025 between State of Odisha v. Ranjan Kumar Rout decided by this Bench vide order dated 21.01.2026, and the decision in W.A. No.971 of 2024 between State of Odisha v. Sudhakar Barik decided on 09.03.2026, whereby appeal of the kind has been negatived on other grounds, in addition to delay.
In the above circumstances, this appeal being unworthy of credentials is liable to be rejected and accordingly it is, costs having been made easy.
8. The Report of The University Education Commission 1948-49, Chp. II - The Aims of University Education, Pg. 42.
Page 6 of 7This Court places on record its deep appreciation for the able research and assistance rendered by its official Law Clerk-cum-Research Assistant Mr. Mohammed Nihad Sharief.
Web copy of judgment to be acted upon by all concerned.
(Krishna S. Dixit) Judge (Chittaranjan Dash) Judge Orissa High Court, Cuttack The 14th day of May 2026 /Madhusmita Signature Not Verified Digitally Signed Signed by: MADHUSMITA MALLICK Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-May-2026 16:26:18 Page 7 of 7