Bombay High Court
Dr. Punjabrao Deshmukh Memorial ... vs Nagpur University And Others on 7 January, 1997
Equivalent citations: AIR1997BOM375, 1997(2)MHLJ276, AIR 1997 BOMBAY 375, (1997) 2 MAH LJ 276, (1997) 2 ALLMR 600 (BOM), 1997 (100) BOM LR 205, 1997 BOM LR 100 205
Author: S. Radhakrishnan
Bench: S. Radhakrishnan
ORDER S. Radhakrishnan, J.
1. Rule made returnable forthwith by consent. Heard Counsel for the Parties.
2. The petitioner-Institution is affiliated to the Nagpur university and is running B.S.W Degree Course ever since 1994. The petitioner had directly approached the Director of Social Welfare and the State of Maharashtra, by its letter dated 20-9-1994 seeking permission to start M.S.W. Degree Course which is a Master Degree. It is pertinent to note that the petitioner did not approach the Nagpur University for the purpose of starting M.S.W. Degree Course, but had directly approached the Director of Social Welfare and the State of Maharastra. Ultimately the state of Maharashtra, by its letter dated 4-9-1996, had granted permission to the petitioner to start M.S.W. Course for the academic year 1996-97 subject to various conditions, specifically mentioning therein that the petitioner should seek permission from the University to start the said M.S.W. Course.
3. Thereafter the University of Nagpur by its letter dated 8-10-1996, rejected the decision of State of Maharastra to grant permission to start M.S.W. Degree Coups. The said letter made it clear that the petitioner-Society ought to have approached the university prior to 31-10-1995 for course commencing in 1996-97. The University in the said letter had also pointed out that permission can be granted only if proposals were routed through the University and not directly approaching the State of Maharastra. The said letter also directed the petitioner-Society not to admit any student to M.S.W Course for the year 1996-97. Against the above rejection, the petitioner-Society by its letter dated 20-10-1996, made a further representation to the vice-Chancellor. In this petition the rejection of permission to start M.S.W. Degree Course for the year 1996-97, by the University's letter dated 8-10-1996 is challenged.
4. Strangely, this petition was filed only on 31-12-1996, and it appears that the petitioner-Society had illegally admitted some students to M.S.W. Degree Course, without any permission whatsoever from the Nagpur University.
5. The main contention of the petitioner is that as per the provisions of Maharashtra Universities Act, 1994 there is no pre-requisite permission of University is needed, as it is only a matter of upgrading the B.S.W. Course to that M.S.W. Course. It may be noted here that it is an admitted position that B.S.W. is a Degree Course and M.S.W. is a separate post-graduate degree course.
6. To appreciate the rival contention of the petitioner and the University, it would be appropriate to quote the relevant provisions of Maharashtra Universities Act, 1994 as under:--
Section 82 : Procedure for Permission.
(1) The University shall prepare a perspective Plan for educational development for the location of institutions of higher learning in a manner ensuring equitable distribution of facilities for Higher Education having due regard, in particular, to the needs of unsaved and under-developed areas within the jurisdiction of the University. Such plan shall be prepared by the Academic Council and shall be placed before the Senate through the Management Council and shall be updated every 5 years.
(2) No application for opening a new College or institution of higher learning, which is not in conformity with such plan, shall be considered by the university.
(3) The Management seeking permission to open a new College or institution of higher learning shall apply in the prescribed form to the Registrar of the University before the last day of October of the year preceding the year from which the permission is sought.
(4) All such applications received within the aforesaid prescribed time limit, shall be scrutinised by the Board of College and University Development and be forwarded to the State Government with the approval of the Management Council on or before the last day of Dec. of the year, with such recommendation (duly supported by relevant reasons) as are deemed appropriate by the Management Council.
(5). Out of the applications recommended by the University, the State Government may grant permission to such institutions as it may consider right and proper in its absolute discretion, taking into account the State Government's budgetary resources, the suitability of the management's seeking permission to open new institutions and the State level priorities with regard to location of institutions of higher learning;
Provided, however, that in exceptional cases and for the reasons to be recorded in writing any application not recommended by the University may be approved by the State Government for starting a new College or institutions of higher learning.
No application shall be entertained directly by the State Governm,ent for the grant of permission for opening new college or institutions of higher learning.
Section 83:- Procedure for affiliation.
(1) On receipt of the permission from the State Government under Section 82 the Academic Council of the university shall consider grant of first time affiliation to the new college or institution by following the prescribed procedure given in sub-section (2) and after taking into account whether and the extent to which the stipulated conditions have been fulfilled by the college or institution. The decision of the Academic Council in this regard shall be final.
(2) For the purpose of considering the application for the grant of affiliation the Academic Council shall cause an inquiry by a committee constituted for the purpose by it.
(3) The Academic Council shall decide:--
(a) Whether affiliation should be granted or rejected.
(b) Whether affiliation should be granted in whole or part;
(c) subjects, courses of study, the number of students to be admitted;
(d) conditions, it any which may be stipulated while granting or for granting the affiliation.
(4) The Registrar shall communicate the decision of the Academic Council to the Management with a copy to the Director or Higher Education and if the application for affiliation is granted, along with an intimation regarding-
(a) the subject and the courses of study approved for affiliation;
(b) the number of students to be admitted;
(c) the conditions, if any, subject to the fulfilment of which the approval is granted.
(5) The procedure referred to in Section 82(1) to (6) shall apply, mutatis mutandis, for the permission to open new courses, additional faculties, new subjects and additional divisions.
(6) No student shall be admitted by the college or institution unless the first time affiliation has been granted by the University to the college or institution.
(7) The Procedure referred to in sub-sections (1) to (4) shall apply, mutatis mutandis for the consideration of constitution of affiliation from time to time.
7. From the above its is clear that Section 82(6) of Maharashtra Universities Act, 1994 categorically prohibits the State Government from entertaining any application directly for the purpose of grant of permission to open new college or Institutions of higher learning. Section 83(5) of the Act, very emphatically states that the procedure referred to in Section 82(1) to (6) shall apply, Mutatis Mutandis for permission to open new Courses, additional faculties, new subjects and additional divisions. The learned Counsel for the Nagpur University contends that M.S.W. Degree Course is a new Course, as such as per Section 85(5) of the Act, the entire procedure as per Section 82(1) to (6) ought to be followed, whereas the petitioner Society had directly approached the State Government, which is impermissible.
8. After hearing both the Counsel for the petitioner and respondents at length, we are clearly of the view that M.S.W Degree Course is a new Course, a such as per the provisions of Sections 82 and 83 of the Act, the State Government could not have directly entertained the application of the petitioner Society. In fact Section 83(5) of the Act contemplated that even to have additional divisions in say B.S.W. Degree Course, the entire procedure as per Section 82(1) to (6) will have to be followed.
9. In view of the above clear position, there is absolutely nothing wrong in the impugned University's communication date 8-10-1996. Even the contention of the petitioner that M.S.W. Degree Course is only "upgradition" and there is no opening of any Course, appear to be an afterthought. The Petitioner's application dated 20-8-1994, addressed to State Government clearly mentions "permission to open M.S.W. Courses". Further letter dated 17-2-1996 of the petitioner Society addressed to the Secretary, Ministry of Social Welfare, Cultural Affairs and Sports also clearly mentions "permission of Government to start M.S.W. Course of Post Graduate Degree." Similar stand is seen in a further letter of petitioner date 22nd/23rd July, 1996, addressed to the Director, Social welfare Department. Therefore, the above contention of the petitioner that it was only "upgradation" and not the case of starting a new course is absolutely baseless. It is relevant to note here that even to have additional divisions in an existing course, the entire procedure as per Section 82(1) to (6) will have to be followed.
10. The claim of the petitioner is totally devoid of merit, baseless and unsustainable, therefore, the Rule is discharged with costs.
Petition dismissed.