Management transfers and closures of educational institutions are governed by different statutory provisions; minority status institutions are entitled to protections that prevent unwarranted state interference with university decisions.

JUDGMENT :

Ravindra V. Ghuge, J.

1. This matter is listed in the “Prioritized Cases” category.

2. This Petition was lodged on 29^th June, 2011. It was heard on the lodging number, and later, in 2012, it was assigned a regular registered number.

3. The Petitioner has put forth the following prayers :

“a) that the Hon'ble Court be pleased to issue a writ of certiorari or a writ in nature of certiorari or any other appropriate writ, order or direction calling for the records leading to the impugned decision of Respondent No.1 as informed by the impugned communication dated 23-6-2011 (EXHIBIT-"M" hereto) and impugned report dated 27-5-2011 (Exhibit-M-1 hereto) and of the impugned Management Council Resolution dated 30-5-2011 passed by the Respondent No.1 and after considering their legality, validity and propriety be pleased to quash and set-aside the same;

b) that pending the hearing and final disposal of the present petition the Hon'ble Court be pleased to restrain the Respondent Nos. 1 to 3 by themselves and through their officers, agents, servants and successors in office to act in pursuance of the Impugned decision dated 23-6- 2011 (EXHIBIT-M hereto) and impugned report dated 27-5-2011 (Exhibit-M-1 hereto) and the impugned Management Council Resolution dated 30-5-2011 of the Respondent No. 1;

c) that pending the hearing and final disposal of the present petition the Respondents be ordered and directed to provide information and/or give inspection and/or provide copies of all documents sought by the Petitioner in its communications listed in Exhibit-N hereto.”

4. We have heard the learned Advocate for the Petitioner, the learned Advocate for the University of Mumbai and the learned AGP for Respondent No.2, State.

5. The grievance voiced by the Petitioner in the Petition, is directed against the decision of the State Government, through the Department of Higher and Technical Education, by which the transfer of the management of two degree colleges from Laxmi Education Society (hereinafter referred to as the Society) to the Laxmi Charitable Trust (hereinafter referred to as the Trust), an arrangement that had been approved by the University by following the due process of law, more than four years prior to the impugned decision, was suddenly recalled at the instance of the State Government, and the management of the said two degree colleges, was re-transferred to Laxmi Education Society.

6. The Petitioner, Laxmi Charitable Trust, approached this Court with the specific contention that a former Minister, who was the then Minister of Higher and Technical Education, was the driving force behind the State Government’s decision to issue the impugned order. With the permission of this Court, the said Minister was added as Respondent No. 3, by name.

7. On 1^st July 2011, this Court considered the grievance of the Petitioner and passed an order granting ad-interim relief in terms of prayer clause (b), reproduced above. The ad-interim relief was continued from time to time, and by an order dated 28^th November 2018, this Petition was admitted and the interim relief was continued.

8. It is specifically averred in the Petitioner’s pleadings that the Petitioner and Laxmi Education Society, which has common trustees, came together and mutually agreed to transfer two degree colleges of Laxmi Education Society to Laxmi Charitable Trust. The Society’s difficult economic condition was the primary reason for transferring the degree colleges to the Trust, which was financially strong.

DATES AND SEQUENCE OF EVENTS

9. The Society passed a resolution in 1999 to transfer the management of two degree colleges to the