JUDGMENT : ROBIN PHUKAN, J. Heard Mr. P. Mahanta, learned counsel for the petitioner. Also heard Mr. S. Bhuyan, learned standing counsel, Higher Education Department, appearing for the respondent No.1, Mr. P.J. Phukan, learned standing counsel, Gauhati University, appearing for the respondent No.2, Mr. Ritwik Bhuyan, learned counsel appearing on behalf of Mr. A. Chamuah, learned standing counsel, UGC, for the respondent No.3 and Ms. M. Das, learned counsel appearing on behalf of Mr. P. Mahanta, learned counsel for the respondent No.4. 2. In this petition, under Article 226 of the Constitution of India, the petitioner – HAM AK Rural Development Foundation, Nagaon, has prayed for issuing direction to the respondent authorities, particularly the respondent No.2, for giving provisional affiliation in favour of proposed HAM AK Law College, Nagaon, Assam, under Gauhati University funded by the petitioner foundation, to get approval from the Bar Council of India (BCI) for running LL.B. and BA LL.B.(H) courses in response to the application submitted by its Director, on 31.03.2022 and subsequent application on 02.05.2022, by exempting the requirement of submitting the NOC from the Government by the respective institutions who have applied for affiliation, notified by the respondent No.2 by issuing a common Notification dated 24.05.2022, and also to direct the respondent No.2 to start the process of issuing provisional affiliation or NOC by initiating the process of inspection of the proposed site of HAM AK Law College, which is already being constructed as per norms and requirement of the BCI. 3. Mr. Mahanta, learned counsel for the petitioner submits that the petitioner is a Non-Governmental organization, registered under the Societies Registration Act as well as Companies Act and with a view to start a law college to impart LL.B. and BA LL.B.(H) degrees, it had submitted application to the respondent No.2, as per norms of the BCI on 31.03.2022 to the Gauhati University, the respondent No.2. But, the respondent No.2, had not taken any action upon the application filed by the petitioner and subsequently, the petitioner had filed another application on 02.05.2022, seeking provisional NOC as well as affiliation, from the respondent No.2 to get approval from BCI for running LL.B. and BA LL.B.(H) courses, as it is mandatory to submit the copy of affiliation obtained from the university concerned to the BCI at the time of making application as per the provision of Rule 6, under the heading of ‘Periodic Instruction’ mentioned in Chapter II of the Bar Council Inspection Manual, 2010. Mr. Mahanta submits that the respondent No.2, by a common Notification, dated 24.05.2022, notified all concerned that the University will accord permission to open a new college/stream/subject(s) after obtaining NOC from the Government by the respective institution, with a further request to all concerned who have applied for the same but still pending for a decision to submit Government NOC in the Office of the Director, College Development Council. But, Mr. Mahanta submits, the Notification, dated 24.05.2022, was issued by the respondent No.2 on the basis of one Office Memorandum (O.M.) issued by the Government of Assam, and the said O.M. is not applicable in case of the College, being proposed to be started by the petitioner, is a private funded college and that being so, refusal to give permission to the petitioner college amounts to contravention to the existing law occupying the field and as such, the action of the respondent No.2 is arbitrary and illegal and therefore, it is contended to allow this petition. In support of his submission, Mr. Mahanta has referred to decisions of Telengana High Court in SIC College of Pharmacy and Others vs. Jawaharlal Nehru Technological University, Hyderabad and Others in Writ Petition No. 19770 of 2015. 4. Per contra, Mr. P.J. Phukan, learned standing counsel for the respondent No.2 - Gauhati University, referring to its affidavit-in - opposition, submits that the petitioner has applied for NOC and provisional affiliation of LL.B. and B.A. LL.B.(H) courses, to the Gauhati University in the name of foundation and as per Ordinance on Permission and Affiliation of Degree Colleges to the Gauhati University, 1997, specially Section 7 (1), (2) and (3) concurrence of the State Government is necessary. Mr. Mr. Phukan also submits that as per BCI Regulation, a State funded institution, seeking fund from the State, has to obtain for NOC from the Government, in view of the Office Memorandum issued by the Govt. of Assam on 25.02.2019 ,and since the Gauhati University is a State funded university and received fund from the Government, it is bound to follow the O.M. issued by the Government of Assam. Mr. Phukan further submits that the Executive Council of the Gauhati University, in its meeting held on 29.03.2022 has decided to issue a circular in view of the O.M. issued by the Government and that the issue of NOC/affiliation of the petitioner college is pending in view of non submission of NOC by the petitioner from the Department of Higher Education (DHE), Govt. of Assam. Mr. Phukan further submits that since the petitioner has applied for BA LL.B.(H) course, the BA (i.e. Bachelor of Arts) course is also a part of its academic programme and as such, the O.M. dated 25.02.2019, is applicable in the present case also. 4.1. Mr. Phukan also submits that before granting of affiliation, the process has to be carried out in two stages - the first stage is the obtaining of NOC from the Government, which is a must and it is a policy decision taken by the University and the second stage, inspection by the BCI. Further, Mr. Phukan submits that the Executive Council has the power to impose any condition and as such the Notification, so issued by the Gauhati University warrants no interference of this Court. 4.2. In support of his submission, Mr. Phukan has referred to a decision of Hon’ble Supreme Court in the case of A.P.J. Abdul Kalam Technological University & Anr. vs. Jai Bharath College of Management and Engineering Technology & Ors. , reported in (2021) 2 SCC 564 , University Grants Commission & Anr. vs. Neha Anil Bobde (Gadekar) , reported in (2013) 10 SCC 519 and West Bengal Central School Service Commission & Ors. vs. Abdul Halim & Ors. , reported in (2019) 18 SCC 39 5. In reply to the above submission of Mr. Phukan, Mr. , reported in (2021) 2 SCC 564 , University Grants Commission & Anr. vs. Neha Anil Bobde (Gadekar) , reported in (2013) 10 SCC 519 and West Bengal Central School Service Commission & Ors. vs. Abdul Halim & Ors. , reported in (2019) 18 SCC 39 5. In reply to the above submission of Mr. Phukan, Mr. Mahanta, learned counsel for the petitioner, submits that the O.M. issued by the Government is not applicable in the present case, as the petitioner college is purely a private College and a non-sponsoring body and that the respondent No.2 had already received the fees from the petitioner College and as per Manual of the Bar Council, the respondent No.2 has to process the application of the petitioner college and that the action of the respondent No.2, insisting upon production of NOC from the State Government, is arbitrary and illegal and therefore, Mr. Mahanta has contended to allow this petition. 6. On the other hand, Mr. Bhuyan, learned standing counsel for the respondent No.1 submits that since the petitioner college is applying for permission/affiliation for starting LL.B. and BA LL.B.(H) courses, the NOC from the Government is a must. 7. Per contra, Mr. P. Mahanta, learned counsel for the respondent No.4, submits that as per Bar Council Regulation, if necessary, NOC will be required at a later stage and at first the respondent No.2 has to grant affiliation. Mr. Mahanta also submits that the petitioner has not challenged the common Notification, dated 24.05.2022, passed by the respondent No.2, and also the Office Memorandum issued by the Govt. of Assam on 25.02.2019. 8. Mr. A. Chamua, learned standing counsel for the respondent UGC, on the other hand, referring to the affidavit-in-opposition, submits that the granting affiliation to a College/Institution comes under the purview of the concerned affiliating University/State Government, and in this regard the University Grant Commission has notified the University Grants Commission [Affiliation Of Colleges By Universities] Regulations, 2009 and also the University Grants Commission [Affiliation Of Colleges By Universities] (1 st Amendments) Regulation, 2012. The UGC guidelines does not provide for any such NOC. However, for maintaining the standard, the University can impose such a condition. But, the same is not explicitly provided in the Act. 9. The UGC guidelines does not provide for any such NOC. However, for maintaining the standard, the University can impose such a condition. But, the same is not explicitly provided in the Act. 9. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and also perused the decisions referred by learned counsel for both the parties and also perused the UGC guidelines and the BCI Regulation. 10. It is not in dispute that the petitioner institution has applied for NOC/temporary affiliation to the respondent No.2, i.e. Gauhati University, for starting LL.B. and BA LL.B.(H) courses. And admittedly, the petitioner college is a private college and not a state funded college. 11. Further, it appears that the respondent No.2 has refused to process the application for grant of affiliation to the petitioner college for want of NOC from the Government in view of the O.M. issued by the Government on 25.02.2019. It is to be noted here that based on the said O.M., the Executive Council of the Gauhati University, in its meeting held on 29.03.2022, has issued the Notification requiring NOC from the state Government. 12. In view of the rival contentions, made by the learned counsel for all the parties, the issue to be decided by this Court is whether the respondent No.2 is justified in not processing the application filed by the petitioner college for provisional affiliation to establish proposed HAM AK Law College, Nagaon, Assam. 13. It is to be noted here that perusal of Section 7 of the Ordinance on Permission and Affiliation of Degree Colleges to the Gauhati University, 1997, it involves following stages:- (1) Permission to established a new college shall be considered on the merit of Screening report submitted by the Inspector of Colleges and the concurrence of State Government. Where the screening report does not satisfy the essential requirements laid down under clause 6 the application shall be rejected straight way. (2) In case of satisfactory screening report from the Inspector of Colleges as to the need and feasibility of the proposed Degree College the University shall cause an inspection under orders of the Vice-Chancellor and Inspection report shall be placed before the Affiliation Committee within 31st May of the year for its consideration. (2) In case of satisfactory screening report from the Inspector of Colleges as to the need and feasibility of the proposed Degree College the University shall cause an inspection under orders of the Vice-Chancellor and Inspection report shall be placed before the Affiliation Committee within 31st May of the year for its consideration. The Executive Council after due consideration of the report of the Affiliation Committee, accept the proposal for starting a new College or reject the application in the case of acceptance it shall grant the proposal with its recommendation by a resolution to the State Govt. for their concurrence for starting the proposed new College. (3) The Executive Council on receipt of necessary concurrence from the State Govt. shall accord permission to establish the proposed Degree College and shall Issue necessary directions to the sponsoring body to implement the following requirements under time bound period. (a) The proposed College shall have its own land with a minimum area of 8 bighas in one contiguous plot. In case, the concerning sponsoring body constructs multistoried building the requirements of land may be relaxed to four bighas. (b) A fund of at least Rs. 1.50,000/- (one lakh fifty thousand the name of the proposed college to be invested in Save Banks Account or Post Office or in a Nationalized Bank Provided that in case of Govt. Colleges this requirement may be waived, but all the conditions prescribed under the site 9. Ordinances, Rules and any other directives of the University shall have to be fulfilled. (4) Permission granted under this sub-clause shall be valid for period of 12 months from the date of issue of the order. 14. It is also to be noted here that in respect of granting temporary affiliation to a college is governed by the University Grants Commission [Affiliation Of Colleges By Universities] Regulations, 2009 which provides as under:- Procedure for granting Temporary Affiliation. 4.1. The application to start a new college and to get it affiliated to a University can be submitted by Central/State Government institutions and Registered Society/Trust. 4.2. If the applicant is a Society/Trust, it shall have been registered under Registration of Societies Act, the Trusts Act or any other Act of the Central! State Government on or before the date of submission of the application. 4.3. 4.2. If the applicant is a Society/Trust, it shall have been registered under Registration of Societies Act, the Trusts Act or any other Act of the Central! State Government on or before the date of submission of the application. 4.3. The Government/Society/Trust which proposes to start the college and wishes to get it affiliated to the University in whose jurisdiction the location of college falls shall make an application within the stipulated time to the University in the prescribed proforma along with the prescribed fee in the form of Demand Draft drawn in favour of the Registrar of the University. 4.4. The application shall be submitted with certified copies of the following documents: 4.4.1. Registration of the Society/Trust along with details of Constitution and Memorandum of Association; 4.4.2. Letter from the Competent Authority designated by the Government concerned for classification of land and its location as Metropolitan or other areas; 4.4.3. Land Use Certificate from the Competent Authority designated by the Government concerned; 4.4.4. Registered land /Govt. leased land, documents in the name of the applicant; 4.4.5. Appropriate order from the Govt. permitting the Society/Trust to start the college with details of the courses/programmes intended to be offered; 4.4.6. Building Plan of the proposed college prepared by a registered Architect arid approved by the Competent Authority designated by the Govt. concerned; 4.4.7. Registered documents by the registered Society/Trust earmarking land and buildings for the proposed college; 4.4.8. Details of the latest fund position along with photocopies of relevant bank accounts, including the evidence of the Corpus Fund earmarked for the purpose as specified under Clause 3.2.2. 4.4.9. Detailed Project Report giving- a) background of the Society/Trust with reference to its experience in promoting, managing and operating educational institutions; details of its promoters including their background; its activities in the social, charitable and educational spheres since its inception and its Vision and Mission; b) development plan for the college with timeline, spelling out its growth plan over the first 10 year period in terms of phasing of academic programmes, increase in students intake and introduction of postgraduate programmes/research, and the time schedule for stage-wise development of the academic infrastructure, like recruitment of faculty, and other support facilities, including student amenities, such as hostels, sports and recreational facilities. c) architectural master plan indicating the land use pattern including those for the future; d) policy with regard to faculty recruitment, retention and development; e) structure of academic and administrative governance; f) sources of financing of capital and operating expenditure, besides funds to be generated through students fees; and g) resource projections and their utilization schedule. 4.5. The University shall make a preliminary scrutiny of the application, and if found satisfactory, issue a letter of intent, within two weeks from the date of receipt of the application by the university, to cause an inspection within a period of three months or physical verification of all requirements for the grant of temporary affiliation. 4.6 The college shall be subjected to an inspection by the University through a committee of experts nominated by the Vice chancellor consisting of: 4.6.1 One Expert for each of the subject areas proposed, 4.6.2 Dean, College Development Council,/an equivalent academician of the university, 4.6. A representative of the higher education department of the Government not below the rank of Deputy Director, and 4.6.4 an Engineer from the PWD/CPWD or the University not below the rank of Executive Engineer. One of the subject experts at the level of Professor, as nominated by tile Vice-Chancellor, shall be the Chairperson of the Committee. 4.7. The report of the inspection Committee shall be submitted by the Chairperson to the University duly filled in and signed by all the members. The University shall process the report through its appropriate Bodies and decide to grant, or not to grant, temporary affiliation to the college, recording the reasons in writing for its decision within three months of inspection. 4.8. On the basis of the infrastructure and other facilities available at the college, the University shall decide the number of seats for each programme in the college. 4.9 The Syndicate! 4.8. On the basis of the infrastructure and other facilities available at the college, the University shall decide the number of seats for each programme in the college. 4.9 The Syndicate! Executive Council of the University shall be the ultimate to decide granting, or not granting, affiliation.4.10Continuation of temporary affiliation o(the programmes of study and the college itself shall be granted by the University on a year to year basis through inspection process prescribed in these Regulations.4.11If the University decides not to grant affiliation to the college for reasons, recorded in writing, of its failure to meet the conditions/requirements for getting affiliation, the college may apply again if it fulfills the conditions/requirements subsequently, but not earlier than six months from the date of rejection of its earlier application. 14.1. The University Grants Commission [Affiliation of Colleges by Universities] Regulations, 2009 was however, amended in the year 2012 inserting some more clauses. 15. It is also to be noted here that CHAPTER III of the Rules of Legal Education, 2008 provides for Inspection, Recognition and Accreditation. 14.1. The University Grants Commission [Affiliation of Colleges by Universities] Regulations, 2009 was however, amended in the year 2012 inserting some more clauses. 15. It is also to be noted here that CHAPTER III of the Rules of Legal Education, 2008 provides for Inspection, Recognition and Accreditation. Rules 16 lays conditions for a University to affiliate a centre of legal education as under:- Conditions for a University to affiliate a Centre of Legal Education (1) When a University receives an application for affiliation of a Centre of Legal Education to provide legal education by running professional degree program in law under either or both the streams, the University may before ar Council of India deciding whether it is fit case for seeking inspection from the Bar Council of India, shall ensure that- (i) the applicant organization proposing to run the institution is either already a non-profit organization of trust or registered society or a non-profit company or any other such legal entity or has taken all legal formalities to be as such, (ii) the institution has in its name either in freehold or leasehold, adequate land and buildings, to provide for Centre of Legal Education building, library, halls of residences separately for male and female and sports complex both indoor and outdoor, so that it can effectively run professional law courses provided that in case of leasehold the lease is not less than ten years, Provided that sufficient and adequate floor space area specially and completely devoted for a Centre of Legal Education, based on the size of its student population, faculty requirement, adequate space required for infrastructure facilities can be considered sufficient accommodation for the purpose in a multi- faculty building on land possessed by the Management of a Society/ Trust running multi- faculty institutions. (iii) recruited or taken steps to recruit adequate number of full time and visiting faculty members to teach each subjects of studies, each faculty having at least a Master Degree in the respective subject as required under the UGC Rules, (iv) there is the separate Centres of Legal Education for the study of law under a separate Principal who should be qualified in Law to be a Professor of Law as stipulated under UGC and Bar Council of India rules, (v) there is adequate space for reading in the library and there are required number of books and journals and adequate number of computers and computer terminals under a qualified librarian, (vi) if the prior permission of the State Government is necessary, a no objection certificate is obtained to apply for affiliation, (vii) a minimum Capital Fund as may be required under Schedule III from time to time by the Bar Council of India, and put into a Bank Account in the name of the proposed Centre of Legal Education sponsored by any private sponsor or sponsors, and (viii) all other conditions of affiliation under the University rules as well as the Bar Council of India Rules are complied with. (2) After affiliation order is received from the University the Centres of Legal Education may only then apply for inspection by the Bar Council of India. 16. The Office Memorandum No. AHE.843/2017/52, dated 25.02.2019, issued by the Government of Assam, Higher Education Department, Dispur provides that the Government of Assam had issued one Office Memorandum, dated 25.02.2019, requiring no objection for opening of a Degree College/introduction of New subjects/Major Courses of Study in Degree Colleges and granting of permission to affiliation accorded by the University and the said notification came into force with immediate effect. 16.1. Clause 2 of the aforesaid OM provides that prior no objection for opening of a new college/new subjects/major courses of studies shall be required. Clause 8 of the said O.M. provides that when the University concerned seeks prior no objection from the Government for opening a new faculty/new subjects of studies in an affiliated college, the Government will take necessary action for inspection of the college concerned through the Directorate of Higher Education. Clause 8 of the said O.M. provides that when the University concerned seeks prior no objection from the Government for opening a new faculty/new subjects of studies in an affiliated college, the Government will take necessary action for inspection of the college concerned through the Directorate of Higher Education. Clause 9 provides that physical verification of the college concerned will be made by an officer of the Director of Higher Education not below the rank of Deputy Director and the physical verification will be conducted within the following parameters:- (i) Need of the proposed faculty/subjects/major course of study; (ii) Distance of the college from the other neighboring colleges where particular faculties/subjects/major courses are being taught together with the class wise enrollment in the faculty/subjects/major courses under reference; (iii) Arrangement in respect of additional accommodation required for instruction of new faculty/subjects/major courses; (iv) Provision for laboratories, museum, gas plan room, balance room, dark room, departmental tea room, supply of water and electricity as necessary; (v) Provision for expansion of the Library; and (vi) Financial Resources of the College to meet the actual expenditure as required for opening of new faculty/subjects/major courses of study. 17. And it appears from the stand taken by the respondent No.2 in its affidavit-in-opposition that the resolution of the Executive Council, dated 29.03.2022, is based upon the Office Memorandum No. AHE.843/2017/52 dated 25.02.2019, issued by the Government of Assam, Higher Education Department, and thereafter, the impugned Notification No. GU/AFF/2022 dated 24/05/2022, was issued. 17.1. The Notification No. GU/AFF/2022, dated 24/05/2022, issued by the Gauhati University, read as under:- NOTIFICATION It is notified for information of all concerned that from now onwards Gauhati University will accord permission to open new college/stream/ subject(s) after obtaining No Objection Certificate from the Govt. by respective institutions. Therefore, all concerned who have already applied for the same but are pending for a decision are hereby requested to submit Govt. No. objection Certificate in the office of the Director, College Development Council. Also the College/concerned Bodies who are interested to open new college/ stream/subject(s) are to submit Govt. No Objection Certificate along with necessary application without which the matter cannot be processed. This is issued as per E.C. Resolution No. R/EC-02/2022/15(b) dated 29.03.2022. Sd/- Registrar Gauhati University 18. No. objection Certificate in the office of the Director, College Development Council. Also the College/concerned Bodies who are interested to open new college/ stream/subject(s) are to submit Govt. No Objection Certificate along with necessary application without which the matter cannot be processed. This is issued as per E.C. Resolution No. R/EC-02/2022/15(b) dated 29.03.2022. Sd/- Registrar Gauhati University 18. Notably, neither the aforesaid Notification No. GU/AFF/2022, dated 24/05/2022, issued by the respondent No.2, i.e. Gauhati University, nor Office Memorandum No. AHE.843/2017/52, dated 25.02.2019, issued by the Government of Assam, Higher Education Department, Dispur is challenged in this petition. 19. However, it appears that granting of temporary affiliation by a University for establishment of a new college is governed by the University Grants Commission [Affiliation of Colleges by Universities] Regulations, 2009 and admittedly, nothing has been provided in the said Regulation in respect of NOC from the State Government. But, according to learned standing counsel for the respondent No.3, i.e. UGC, such condition can be imposed in order to maintain standard. 20. However, as per Rules 16(1) of the Rules of Legal Education, 2008 provides that when a University receives an application for affiliation of a Centre of Legal Education to provide legal education by running professional degree program in law under either or both the streams, the University may before Bar Council of India deciding whether it is fit case for seeking inspection from the Bar Council of India, shall ensure fulfillment of certain conditions, including the condition if the prior permission of the State Government is necessary, a no objection certificate is obtained to apply for affiliation, under clause (vi). 21. But, before that the University has to follow the procedure for granting temporary affiliation, as prescribed under the University Grants Commission [Affiliation of Colleges by Universities] Regulations, 2009 in clause 4.1. to 4.5. Such an exercise has, admittedly not been carried out despite receipt of application and fees from the petitioner college. Thus, the conduct of the respondent No.2, to the considered opinion of this Court is arbitrary and illegal. 22. to 4.5. Such an exercise has, admittedly not been carried out despite receipt of application and fees from the petitioner college. Thus, the conduct of the respondent No.2, to the considered opinion of this Court is arbitrary and illegal. 22. However, the respondent No.2 has refused to process the application for grant of affiliation to the petitioner college for want of NOC from the Government, in view of the O.M. issued by the Government on 25.02.2019, and in view of the Resolution of the Executive Council of the Gauhati University, in its meeting held on 29.03.2022, and subsequent Notification issued by it requiring NOC from the State Government and also in view of Section 7 of the Ordinance on Permission and Affiliation of Degree Colleges to the Gauhati University, 1997, which provides that permission to establish a new college shall be considered on the merit of screening report submitted by the Inspector of Colleges and the concurrence of State Government. 23. Thus, the O.M. issued by the Government on 25.02.2019, and the Resolution of the Executive Council of the Gauhati University, in its meeting held on 29.03.2022, and subsequent Notification issued by it requiring NOC from the State Government and also in view of Section 7 of the Ordinance on Permission and Affiliation of Degree Colleges to the Gauhati University, 1997, which provides that-permission to establish a new college shall be considered on the merit of screening report submitted by the Inspector of Colleges and as such, the Notification of respondent No.2 requiring NOC from the State Government appears to be in conflict with the UGC Regulations and also the Rules of Legal Education, 2008. 24. Notably, the UGC Regulations was framed under the UGC Act and the Rules of Legal Education, 2008 was framed under the Bar Council Act. And both are central legislation, and as such the same are binding upon the States. The State cannot enact any law or issue any Office Memorandum or Notification, contrary to the provision of the aforesaid Act and Regulations framed there under. And if it is in conflict with the law enacted by the State, including the Gauhati University Act and its Ordinance then the central legislation and Rules and Regulations will prevail, in view of Article 254 of the Constitution of India. And if it is in conflict with the law enacted by the State, including the Gauhati University Act and its Ordinance then the central legislation and Rules and Regulations will prevail, in view of Article 254 of the Constitution of India. In holding so, this Court derived authority from following decision of Hon’ble Supreme Court in the case of (i) State of T.N. vs. Adhiyaman Educational & Research Institute , reported in (1995) 4 SCC 104 , wherein it has been categorically held that neither the State Government nor the University have got power to enact law on the subject which falls under Entry 66 of List I and that the existing law to the extent of inconsistency with the provisions made in the AICTE Act is ultra vires and unenforceable; (ii) Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational & Charitable Trust v. State of TN, reported in (1996) 3 SCC 15 , wherein Hon’ble Supreme Court has held that prior permission of State Government to start a new Medical College is invalid on the ground of repugnancy. It is further held that Section 5(5) of the MEDICAL UNIVERSITY ACT enacted by the State Act is held as repugnant to Section 10-A of Indian MEDICAL COUNCIL ACT ; (iii) Jaya Gokul Educational Trust vs. State of Tamil Nadu , reported in 2000 (5) SCC 231 , wherein, by re-capitulating the dictum laid down in Adhiyaman's (Supra) case, Hon’ble Supreme Court specifically ruled that the University cannot impose conditions for affiliation in contravention of the provisions contained in the Central Act, viz. AICTE Act. Thus, the position of law and the validity of existing law of the State enactments have been made crystal clear in the above stated judgments of the Hon’ble Supreme Court. 25. Though a stand has been taken by the respondent No. 2 in its affidavit that the Notification, dated 24.05.2022 is in conformity with the Gauhati University Act, yet in view of the discussion and finding in respect of the procedure prescribed under the UGC Regulations, 2009, the said stand of respondent No. 2 cannot be accepted. 26. In the instant case, the application for grant of temporary affiliation was filed by the petitioner college on 31.03.2022. Subsequently, another application was filed on 31.03.2022. The respondent No.2 had also received the fees amount from the petitioner college. 26. In the instant case, the application for grant of temporary affiliation was filed by the petitioner college on 31.03.2022. Subsequently, another application was filed on 31.03.2022. The respondent No.2 had also received the fees amount from the petitioner college. And it also appears that the Notification requiring NOC was issued on 24.05.2022. On receipt of the application, the respondent No. 2 ought to have processed the same following the procedure prescribed under Regulation 4.5, of the University Grants Commission [Affiliation of Colleges by Universities] Regulations, 2009. And only thereafter, to proceed in accordance with the Rule 16(1) of the Rules of Legal Education, 2008. 27. In that view of the matter, the act of respondent No. 2, insisting upon NOC from the State Government, at that stage, appears to be bereft of logic and not in conformity with the UGC Regulations and therefore, the same is arbitrary and illegal and liable to be interfered with. 28. The issue, as formulated herein above stands answered accordingly. 29. I have carefully considered the submission of Mr. Phukan, the learned standing counsel for the respondent No. 2, and in view of the discussion and findings recorded herein above; his submission left this Court unimpressed. It is, however, a fact that courts are not supposed to interfere policy decision of the state but, it is not an absolute proposition of law as because when the decisions are contrary to existing legal framework, and arbitrary and illegal, the courts are bound to exercise its jurisdiction. I have also carefully gone through the decisions referred by Mr. Phukan and also by Mr. Mahanta, the learned counsel for the petitioner. But, in order to decide the issue raised in the present petition, reference to all those decisions, to the considered opinion of this Court is not at all necessary. 30. Under the given facts and circumstances, I find sufficient merit in the petition and accordingly, the same stands allowed. By a mandamus of this Court, the respondent No. 2 is directed to process the application dated on 31.03.2022, and subsequent application dated 02.05.2022, filed by the petitioner college in accordance with the procedure prescribed under Regulation 4.5, of the University Grants Commission [Affiliation Of Colleges By Universities] Regulations, 2009 and thereafter, as per Rule 16(1) of Rules of Legal Education, 2008. 31. In terms of above, this writ petition stands disposed of.