IMPORTANT POINT
A member of a university authority automatically vacates their position upon ceasing to represent the constituency for which they were elected, as per the statutory provisions.

JUDGMENT :

(S.G. Chapalgaonkar, J.) :

1. Rule. Rule made returnable forthwith. By the consent of the parties, matter is taken up for final hearing at the stage of admission.

2. The petitioner impugns order dated 02.03.2024 issued by respondent no.3 on the basis of order passed by respondent no.4, thereby declaring petitioner to be disqualified to continue as member of Senate in pursuance of his election under Section 28(2) (r) of the Maharashtra Public Universities Act, 2016 (for short ‘the Act, 2016’).

3. The petitioner was working as Professor and Head of Department of Economics in Smt. Dankunwar Mahila Mahavidyalaya, Jalna. The petitioner came to be elected as Senate member of University from Teachers Constituency in terms of Section 28(2)(r) of the Act, 2016. The petitioner came across advertisement for filling up the post of Principal at Kohinoor Arts, Commerce, Science College, Khultabad. The petitioner responded to advertisement and came to be appointed vide order dated 27.04.2023 and joined his post w.e.f. 03.05.2023. His appointment to the post of Principal has been approved by the University. Since appointment of the petitioner is on tenure post of Principal, he was given lien as Professor with Smt. Dankunwar Mahila Mahavidyalaya, Jalna. The petitioner was served with show cause notice dated 21.02.2024 by In-charge Registrar of the University calling his explanation as to why action for cessation of membership of Senate shall not be initiated against him, since he ceased to represent Constituency of teachers under Section 28(2)(r) of the Act, 2016. The petitioner challenged the said notice by filing Writ Petition No.2201/2024. By the time writ petition was circulated, an office order declaring his cessation of his membership of senate was served upon him. However, the same was withdrawn on the same day i.e. on 26.02.2024. Later on, the petitioner withdrew the writ petition.

4. The petitioner was served with fresh show cause notice dated 28.02.2024. The petitioner submitted detailed reply, thereby raising challenge to validity of notice. However, respondent no.3 served him impugned order dated 02.03.2024, which is preceded by order of respondent no.4. According to the petitioner action taken against him is ultra vires, and contrary to principles of natural justice. The respondents/University Authorities supports impugned order contending that cessation of membership, as contemplated under Section 63 of the Act, 2016 is automatic. As soon as petitioner ceases to represent collegium of Teachers, he is deemed to have vacated his office of member of the Authority/Senate.

5. Mr. Dixit, learned Advocate appearing for the petitioner submits that the impugned order is in the nature of communication by respondent no.3 as regards to order dated 02.03.2024 passed by respondent no.4. However, neither respondent no.3 nor respondent no.4 are authorized under law to disqualify member of any Authority/Senate. Consequently, impugned order is ultra vires. The impugned order is passed without referring to contents of reply of petitioner to show cause notice. As such, it is in gross violation of principles of natural justice. The petitioner continues to be teacher, even after his appointment as Principal. Hence, cessation of membership as contemplated under Section 63 of the Act, 2016 shall not attract. He would invite attention of this Court to Section 140 of the Act, 2016 to contend that issue whether petitioner has ceased to be member of Senate ought to have been referred to Chancellor, who is final Authority to decide such question. Mr. Dixit would invite attention of this Court to the definition of ‘Teacher’ under Section 2(61) and definition of ‘Principal’ under Section 2(44) to contend that appointment of petitioner as Principal shall not displace him to be referred as Teacher. He would, therefore, submit that there was no cause of action to invoke provisions of Section 63 of the Act, 2016 and serve show cause notice and pass conseque