S.A. Bobde, J.

1. Rule. Rule returnable forthwith. Heard finally by consent of the parties.

2. The petitioners have approached this Court for direction to respondent no.2-Vice Chancellor, Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur, to exercise the emergency powers under Section 14 (7) and (8) of the Maharashtra Universities Act, 1994 (hereinafter referred to as the “Act”) and grant approval to the syllabus for the course of M. Tech (Power Electronics and Power Systems) in Electrical Engineering and further First Time Affiliation for academic year 2010-11. The petitioner is a reputed college of Engineering affiliated to the Nagpur University. There is no course of M. Tech. (Power Electronics and Power Systems) in Electrical Engineering in the Nagpur University. The petitioner, therefore, made a proposal to the Nagpur University for the introduction of the Course. However, it seems that the proposal could not go through the entire procedure contemplated by the Act for its commencement and has only gone past the Board of Studies under Section 38 of the Act and not beyond. Thus, the Board of Studies for the University has approved the syllabus in the said course. After approval by the Board of Studies, in ordinary course, the proposal along with the syllabus would have gone to the Faculty, Engineering and Technology under Section 34 of the Act and, thereafter, to the Academic Council under Section 30 of the Act. Thereafter, it would have been placed before the Management Council. However, admittedly, these last three stages could not be completed because of cessation of the term of those bodies under the provisions of the Act. The bodies are not yet constituted and we are informed that they would be constituted only by the end of December-2010.

3. Mr. Bhangde, the learned counsel for the petitioners, submitted that in these circumstances, it was incumbent on the Vice Chancellor to exercise powers under Section 14 (7) and (8) of the Act. According to the learned counsel, there is, in fact, an emergency in the sense that the newly proposed course, ought to have commenced in July but it could not because the term of the bodies, which were to approve the syllabus for commencing of the course, came to an end. Section 14 (7) and (8) of the Act read as follows:

“14. Powers and Duties of Vice-Chancellor.

(1).....

(2).....

(3).....

(4).....

(6).....

(7) If there are reasonable grounds for the Vice-Chancellor to believe that there is an emergency which requires immediate action to be taken, he shall take such action, as he thinks necessary, and shall at the earliest opportunity, report in writing the grounds for his belief that there was an emergency, and the action taken by him, to such authority or body as would, in the ordinary course, have dealt with the matter. In the event of a difference arising between the Vice-Chancellor and authority or body whether there was in fact an emergency, or on the action taken (where such action does not affect any person in the service of the University), or on both, the matter shall be referred to the Chancellor whose decision shall be final:

Provided that, where any such action taken by the Vice Chancellor affects any person in the service of the university, such person shall be entitled to prefer, within thirty days from the date on which he receives notice of such action, appeal to the management Council.

(8) Where any matter is required to be regulated by the Statutes, Ordinances or Regulations, but no Statutes, Ordinances or Regulations are made in that behalf the Vice-Chancellor may, for the time being, regulate matter by issuing such directions as he thinks necessary, and shall, at the earliest opportunity thereafter, place them before the Managements Council or other authority or body concerned for approval. He may, at the same time, place before such authority or body for consideration the draft of the Statutes, Ordinances or Regulations, as the case may be, required to