Social Society Morba a Public Trust registered under Public Trust Act vs Government of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(Bom) 531

2011(4) ALLMR 40
High Court of Judicature at Bombay
THE HONOURABLE MR. JUSTICE A.M. KHANWILKAR & THE HONOURABLE MRS. JUSTICE MRIDULA BHATKAR
Social Society Morba a Public Trust registered under Public Trust Act
Versus
The Principal Secretary, Higher & Technical Education Department Government of Maharashtra & Others
WRIT PETITION NO.10424 OF 2010
Decided on: 04-05-2011

Advocates Appeared:
For the Petitioner:Girish Kulkarni i/by Sandeep Waghmare, Advocates.
For the Respondents: R3, Rui Rodrigues, R1 & R2, Mrs. Molina Thakur, AGP.

Headnote:Maharashtra Universities Act, 1994 - Section 82(5)-Opening of new College-On non-grant basis and without taking any other aid from Government-Proposal by petitioner for-To be examined by University itself without seeking prior approval of State Government-Keeping in mind other parameters to ensure that petitioner fulfils all mandatory requirement, essential to maintain higher learning standards in College.-In substance, the principle expounded in this decision is that on matters which the Academic Council of the University has to decide in terms of Section 83(3) of the Act, which includes whether affiliation should be granted or rejected, etc., the University itself has to take decision on the said matters without seeking prior approval of the State Government, if no financial implication was involved to the Government. In cases where the Management intends to start new College on non-grant basis and without taking any other aid from the Government, it necessarily follows that there would be no financial implication to the State Government if affiliation is granted to such College by the University. The University, however, is expected, by virtue of Section 82 of the Act, to ensure that the affiliation to be granted by it for opening a new College or Institution of higher learning must be in conformity with the perspective plan. In the present case, the fact that the University has repeatedly approved the proposal of the petitioner for starting a new Women’s Degree College in Science Faculty at Post-Morba. Taluka-Mangaon, District-Raigad, it presupposes that as per the extant perspective plan prepared by the University under Section 82, opening of such new College is in contemplation. Thus, applying the principle expounded in the case of Maharashtra Cosmopolitan Education Society, 2000 (1) All MR 442, which decision has become final and no contrary view thereto has been taken, the petitioner’s proposal having been approved by the University to start a new College, which concededly is on no-grant basis and without taking any other assistance or aid from the Government, the University itself could proceed to grant affiliation to the said College without seeking prior approval of the State Government. A priori, the question of forwarding the petitioner’s proposal to the State Government by the University does not arise, whether be it for A.Y. 2010-2011 or for that matter for A.Y. 2011-2012 as the case may be. Instead, the University itself has to take the final decision on whether to grant affiliation to the new College proposed by the petitioner, subject to compliances of all mandatory requirements in that behalf.

Judgment :-

A.M. Khanwilkar, J.

1. Heard Counsel for the parties.

2. Rule. Rule made returnable forthwith, by consent. Mr.Rui Rodrigues waives notice for respondent no.3. Mrs.Molina Thakur AGP waives notice for respondent nos.1 & 2.

3. As short question is involved, petition was taken up for final disposal forthwith, by consent.

4. By this petition, under Article-226 of the Constitution of India, the petitioner prays for quashing and setting aside the impugned communication dated 6.11.2010 received from the Section officer, Higher and Technical Education Department, Government of Maharashtra. By the said communication, the petitioner was informed that in view of the Government Policy of not starting any new Arts, Science and Commerce college, the petitioner’s request for grant of permission to start science college for Women for Academic Year 2010-2011 cannot be considered. The petitioner prays for direction against respondents to forthwith grant permission to the petitioner’s Women’s College (Science faculty) for the Academic Years 20112012.

5. Briefly stated, the petitioner claims to be a registered Trust under the provisions of Mumbai Public Trusts Act 1950 and the Societies Registration Act 1860. The petitioner Trust is formed by persons belonging to muslim religion who are residents of Raigad district. It is a religious minority institution within the meaning of Article 30 of the Constitution of India. The Petitioner relies on the certificate issued by the Government of Maharashtra acknowledging its status as a religious minority institution. It wanted to establish women degree college in science faculty at Post-Morba, Tal-Mangaon, Dist-Raigad on permanent no grant basis and without taking any other aid from the Government.

6. Accordingly, pursuant to the advertisement issued for inviting applications from trust/society for opening of a new college, the petitioner submitted its proposal for permission to start a women degree college in science faculty at post Morba, Tal Mangaon, Dist. Raigad. The petitioner submitted proposal to the University of Mumbai in that behalf firstly on 8.10.2007. The University, after due scrutiny of all aspects of the matter, vide communication dated 3.1.2008, was pleased to approve the proposal of the petitioner in principle but recommended not to admit the students for the degree course till permission is granted by the Government of Maharashtra. The petitioner’s proposal was forwarded to the State Government on the assumption that such permission was essential in terms of section 82(5) of the Maharashtra University Act 1994 (Hereinafter referred to as the said “Act”). However, the petitioner did not receive any communication from the Government of Maharashtra. Once again, pursuant to the advertisement issued for inviting application for starting a new college for the next Academic Year, the petitioner submitted fresh proposal to the University on 13.10.2008. Even this proposal was duly examined by the University and the University once again forwarded the petitioner’s proposal to the State Government along with its approval. That was conveyed to the petitioner by the Registrar of the Mumbai University vide communication dated 23.1.2009. By the said communication, the petitioner was informed that even though the recommendation is forwarded to the State Government, the petitioner shall not admit any students until permission is granted by the Government of Maharashtra. Once again, the petitioner did not get any permission from the Government of Maharashtra. For the third successive Academic Year, pursuant to the advertisement, the petitioner once again submitted fresh proposal for starting Women’s Science College at post Morba, Tal. Mangaon, Dist. Raigad, on 13.10.2009. Even this proposal was duly examined by the Mumbai University and the Deputy Registrar affiliation section, by his letter dated 15.1.2010 once again recommended the proposal of the petitioner for starting new college since th

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