Writ Petition No. 13818 of 2016. Case: Jayprakash Education Society and Ors. Vs The State of Maharashtra and Ors.. Bombay High Court

Case Number:Writ Petition No. 13818 of 2016
Party Name:Jayprakash Education Society and Ors. Vs The State of Maharashtra and Ors.
Counsel:For Appellant: Narendra V. Bandiwadekar, Advocate and For Respondents: C.P. Yadav, Asstt. Government Pleader
Judges:Shantanu Kemkar and A.M. Badar, JJ.
Issue:Maharashtra Universities Act 1994 - Sections 81, 82, 82(1), 82(5), 83, 83(1), 83(3), 83(5), 94
Judgement Date:May 05, 2017
Court:Bombay High Court
 
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Judgment:

A.M. Badar, J.

  1. Rule. Rule made returnable forthwith. With consent of parties, heard finally.

  2. By this petition, petitioners - Education Society and the College run by it at village Peth-Vadgaon in Hatkanangale taluka of Kolhapur district are challenging the order dated 10/11/2016 passed by the respondent No. 4 Director, College and University Development Board of Shivaji University, Kolhapur, so far as it relates to refusal to grant first time affiliation to petitioner No. 2 college in respect of new subject of N.C.C. - Elective in Bachelor of Art Course and to start new Faculty in Science. Petitioners are praying for directing respondent Nos. 3 and 4 to grant first time affiliation to petitioner No. 2 Dr. Babasaheb Ambedkar College, Peth-Vadgaon for new subject of N.C.C. -Elective in B.A. Course and for staring new Faculty of Science.

  3. It is case of petitioners that vide orders dated 4th July 2016, the first Respondent State of Maharashtra has been pleased to grant permission to petitioners to start Science Faculty on permanent non-grant basis as well as new subject NCC - Elective in B.A. Course under Section 83(5) of the Maharashtra Universities Act, 1994 ("University Act" for the sake of brevity). However, by the impugned order dated 10th November 2016, respondent No. 4 Director has illegally rejected first affiliation to the petitioner No. 2 College for starting the new subject NCC - Elective and new Faculty in Science.

  4. Heard the learned Advocate appearing for petitioners at sufficient length of time. He vehemently argued that petitioner No. 2 College, in pursuant to the order dated 4th July 2016 (Exhibit 'A') of the State has already admitted students in B. Sc. Part-I course. Respondent No. 3 University has already accepted eligibility fees of students who are admitted by the college for prosecuting B.Sc. Part-I course. Examination center has also been assigned to students admitted by petitioner No. 2 College in B.Sc. Part-I course. The learned Advocate for petitioners further argued that once the State Government has granted permission to petitioners for starting new subject in B.A. course as well as for starting new Faculty in Science, it was not open for respondent Nos. 3 and 4 to refuse affiliation to the new Faculty in Science and new subject in B.A. course. Entire procedure prescribed for opening the new Faculty as well as starting new subject in B.A. course has been followed by petitioners. He further argued that petitioner No. 2 College had complied all terms and conditions in this regard and as such, the impugned order dated 10/11/2016 refusing affiliation for starting new subject as well as new Faculty is totally illegal. It is further argued that observations and conditions mentioned in the impugned order dated 10/11/2016 are totally incorrect. Discrepancies mentioned in the impugned order dated 10/11/2016 are totally erroneous and contrary to the record. The learned Advocate further argued that the Committee has declined to peruse the record and hurriedly concluded the inspection. He drew our attention to pleadings in the petition showing that there are no discrepancies and shortfalls as are reflected in the impugned order dated 10/11/2016. The learned Advocate for petitioners further argued that the impugned order dated 10/11/2016 does not disclose the reason of non-inclusion in the 'Perspective Plan', for refusing to grant first time affiliation for starting new subject in B.A. course as well as new Faculty in Science. The learned Advocate submitted that when the impugned order refusing to grant affiliation does not contain this reason, respondent Nos. 3 and 4 cannot justify the impugned order by supplementing it by the fresh reason to the effect that the village Peth-Vadgaon was not included in the Perspective Plan. For this purpose, he placed reliance on judgment in the matter of Mohinder Singh Gill & Anr. v. The Chief Election Commissioner, New Delhi and others AIR 1978 SC 851. Similarly, reliance is also placed on judgment in the matter of Shree Chhatrapati Shivaji Education Society v. State of Maharashtra and Ors. 2003 (6) Bombay Cases Reporter 487 to buttress the contention that even though Perspective Plan does not make provisions for opening a new Faculty or new subject, the affiliation can be granted on the basis of permission from the State.

  5. As against this, the learned Advocate appearing for respondent Nos. 3 and 4 drew our attention to the fact that Perspective Plan prepared by respondent No. 3 Shivaji University has provided for opening Science Faculty in a college existing at village Hatkanangale, but it is not providing for opening of new Science Faculty at village Peth-Vadgaon. It is also pointed out that the Perspective Plan does not contain provisions for opening new subject in B.A. course at village Peth-Vadgaon. In submission of the learned Advocate appearing for the respondent Nos. 3 and 4 village Peth-Vadgaon, where petitioner No. 2 Dr. Babasaheb Ambedkar College exists comes under Hatkanangale taluka of Kolhapur district. Villages/towns - Ichalkaranji, Hatkanangale and Pulachi-shiroli were shown in the Perspective Plan prepared by respondent No. 3 University for opening new Faculty/College, but village Peth-Vadgaon in Hatkanangale taluka was not included in the Perspective Plan for opening either a new Faculty or a new subject. In submission of the learned Advocate appearing for respondent Nos. 3 and 4, the Scrutiny Committee inadvertently interpreted the Perspective Plan and considered that village Peth-Vadgaon comes under Hatkanangale taluka and...

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