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2014 Supreme(Bom) 872
High Court of Judicature at Bombay
V.M. KANADE & G.S. KULKARNI, JJ.
The Principal, R.R. Educational Trust's college of Education and Research B.Ed. College
Versus
The Registrar, University of Mumbai & Another
Writ Petition No. 1948 of 2013
Decided On: 08-04-2014
For the Petitioner:C.K. Thomas i/b. C.K. Thomas & Associates, Advocates.
For the Respondent:Rui Rodrigues, Advocate.
The main legal point established in the judgment is that the University must exercise its powers in accordance with the statutory framework, and any imposition of penalties must be supported by specific provisions in the law.
Headnote:
Penalty - Educational Institution - Maharashtra Universities Act 1994, Section 27, Section 28, Section 51, Section 53 - The court quashed and set aside the University's decision to impose a penalty of Rs. 10,000 per student for late submission of eligibility forms, ruling that the University had no authority to impose such a penalty. The court also directed the University to issue the mark-sheets and degree certificates to the affected students and ordered the refund of the penalty amount deposited by the petitioner.
Fact of the Case:
The petitioner, an educational institution conducting a B.Ed. course, challenged the University's decision to impose a fine/penalty of Rs. 5,40,000 and take coercive steps for recovery. The penalty was imposed for late submission of eligibility forms for 54 students admitted to the B.Ed. course. The University withheld mark-sheets and original degree certificates of the students due to non-payment of the penalty.
Finding of the Court:
The court held that the University's imposition of a penalty of Rs. 10,000 per student was without authority of law and illegal, quashing the decision. It also directed the University to issue the mark-sheets and degree certificates to the affected students and ordered the refund of the penalty amount deposited by the petitioner.
Issues: The principal issue was whether the University had the authority to impose a monetary penalty of Rs. 10,000 per student for late submission of eligibility forms.
Ratio Decidendi: The court found that the University had no statutory authority to impose the penalty and that the Management Council's resolutions did not confer such power. It emphasized the need for uniformity and accountability in the University's actions and highlighted the illegality of withholding degree certificates and mark-sheets after permitting students to appear for examinations.
Final Decision: The writ petition was allowed, and the University's decision to impose the penalty was quashed. The University was directed to issue the mark-sheets and degree certificates to the affected students and to refund the penalty amount deposited by the petitioner.
G.S. Kulkarni, J.
1. Rule. Returnable forthwith. By consent of the parties taken up for final hearing.
2. The petitioner an educational institution which is conducting a Bachelors in Eduction course (for short “B.Ed.”) has filed the present petition under Article 226 of the Constitution interalia praying for writ of mandamus against the Respondent – University of Mumbai (for short ‘University’) to quash and set aside the decision of the University to impose a fine/penalty on the Petitioner institution of Rs. 5,40,000/- and the coercive steps being taken against the Petitioner for recovery of the same. This decision of the University is contained in the communication dated 3.12.2007, 5.12.2012 and 7.2.2013 of the University as challenged in prayer clause (a) of the writ petition. This penalty/ fine is imposed by the University on the petitioner as a condition for issuing provisional eligibility certificates in favour of 54 students admitted by the petitioner to the B.Ed. Course for the academic year 2007-08 on the ground that the application for issuance of provisional eligibility certificates in respect of these students was submitted by the Petitioner after the prescribed date. It is the petitioner's case that on account of non payment of this amount by the Petitioner, the University is not issuing mark-sheets of the students who have appeared for B.Ed. Examination. The University has quantified the said amount at the rate of Rs.10,000/- per student and that is how has arrived at a penalty of Rs.5,40,000/- in respect of 54 students admitted by the petitioner for the academic year 2007-08.
The facts in nutshell are:-
3. The petitioner is an unaided B.Ed. College recognized by the National Council for Teachers' Education and is affiliated to the Respondent University conducting the B.Ed. Course since the year 2004.
4. For the academic year 2007-08, the petitioner admitted 54 students to the B.Ed. course who had passed the qualifying graduation examination not from the Respondent University but from the other Universities. It is the petitioner's case that in respect of such students an eligibility application is required to be made to the University on the basis of the migaration certificates issued by the respective Universities so as to make those students eligible to undertake the course affiliated to the Respondent University. It is the Petitioner’s case that such students do not receive the migration certificates and other necessary certificates from their parent Universities on time and invariably such certificates are belatedly received by the students. After the said certificates are received the Petitioner forwards a list of such students along with requisite forms alongwith the certificates to the University for issuance of a provisional eligibility certificates to these students. In the academic year 2007-08 there was delay in making such application to the University in respect of the 54 students admitted by the Petitioner. The extended cut off date by which such application was required to be made was 29-09-2007. The Petitioner forwarded the list of the students along with the forms on 1.11.2007. There is no other dispute on the legality of the admissions granted to these students on their respective merit as also they being qualified to pursue the B.Ed course.
5. The University, by its communication dated 19.11.2007 informed the petitioner that it would accept the forms forwarded by the Petitioner and a provisional eligibility certificate would be issued to these students subject to an amount of Rs.10,000/-to be paid by the petitioner as a penalty as per the decision taken by the Management Council. This penalty/fine was imposed on the ground that Ordinance 111 of the University stipulated admitting students after grant of provisional statement of eligibility which was stated to be violated by the petitioner in making 54 admissions for the academic year 2007-08. The petitioner was called upon to make payment
