Back
1998 Supreme(Mad) 1522
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE SHIVARAJ PATIL & THE HONOURABLE MR. JUSTICE K.P. SIVASUBRAMANIAM
Dr. R. Sivaraman and Etc. - Appellant
Versus
The Registrar, Dr. M. G. R. Medical University, Guindy, Chennai and Others - Respondents
W. As. Nos. 1074 and 1077 of 1998, W. P. Nos. 11287 and 11288 of 1998 and (M. P. Nos. 11831 and 11904 of 1998
Decided On : 11 November 1998
The declaration of Deemed University status to an institution under Section 3 of the UGC Act results in the institution ceasing to be an affiliated college of the university, and consequently, members of the Senate and Governing Council elected by virtue of their affiliation with that institution cease to be members of those bodies.
Headnote:
MEDICAL UNIVERSITY - ELECTION OF SENATE MEMBERS - CANCELLATION OF MEMBERSHIP - DEEMED UNIVERSITY STATUS - EFFECT - SERVICE CONDITIONS OF STAFF - STATUS OF TEACHERS AND STAFF - INTERPRETATION OF STATUTES.
Fact of the Case:
The petitioners, professors and heads of departments at Madras Medical College, Chennai, were elected as members of the Senate and Governing Council of the Tamil Nadu Dr. M.G.R. Medical University. Madras Medical College was declared a Deemed University under the University Grants Commission (UGC) Act, 1956. The petitioners challenged the university's decision to prevent them from exercising their rights and duties as elected members, arguing that the declaration of Deemed University status did not affect their membership.
Finding of the Court:
The court held that once Madras Medical College was declared a Deemed University under Section 3 of the UGC Act, it ceased to be an affiliated college of the Tamil Nadu Dr. M.G.R. Medical University. Consequently, the petitioners, who were elected as members of the Senate and Governing Council by virtue of their affiliation with Madras Medical College, ceased to be members of those bodies. The court further held that the declaration of Deemed University status did not require any further steps to be taken, such as the appointment of a Vice-Chancellor or the framing of service conditions for staff. The court also dismissed the argument that the petitioners should be allowed to continue in office for a full term of three years, as they had no vested right to represent an affiliated college in the Senate or Governing Council.
Issues: 1. Whether the declaration of Deemed University status to Madras Medical College affected the petitioners' membership in the Senate and Governing Council of the Tamil Nadu Dr. M.G.R. Medical University? 2. Whether the declaration of Deemed University status required any further steps to be taken, such as the appointment of a Vice-Chancellor or the framing of service conditions for staff? 3. Whether the petitioners were entitled to continue in office for a full term of three years despite the change in status of Madras Medical College?
Ratio Decidendi: 1. The court held that the declaration of Deemed University status to Madras Medical College under Section 3 of the UGC Act resulted in the college ceasing to be an affiliated college of the Tamil Nadu Dr. M.G.R. Medical University. Consequently, the petitioners, who were elected as members of the Senate and Governing Council by virtue of their affiliation with Madras Medical College, ceased to be members of those bodies. 2. The court held that the declaration of Deemed University status did not require any further steps to be taken, such as the appointment of a Vice-Chancellor or the framing of service conditions for staff. The court interpreted Section 3 of the UGC Act as being self-contained and not requiring any additional actions to confer Deemed University status on an institution. 3. The court held that the petitioners were not entitled to continue in office for a full term of three years despite the change in status of Madras Medical College. The court reasoned that the petitioners had no vested right to represent an affiliated college in the Senate or Governing Council, and that their membership ceased when Madras Medical College ceased to be an affiliated college.
Final Decision: The court dismissed the writ petitions filed by the petitioners, challenging the university's decision to prevent them from exercising their rights and duties as elected members of the Senate and Governing Council. The court also dismissed the writ appeals and contempt petitions related to the case.
Writ Appeal Nos. 1074 and 1077 of 1998 filed by the Writ Petitioners challenging the common order dated 6-8-1998 passed by the learned single Judge in W.M.P. Nos. 17226 and 17227 of 1998 were listed before us. The said Writ Appeals were directed against the interim order passed dismissing the W.M.Ps. and vacating the interim injunction granted earlier.
2. Having regard to the subject matter of the Writ Petitions, the learned counsel for both the parties requested that the writ petitions themselves may be heard and disposed of. Accepting the request of the learned counsel for the parties, we took up the writ petitions themselves for final hearing. We heard the learned counsel for the parties accordingly, with their consent.
3. Briefly stated, the facts leading to the filing of the Writ Petitions are the following :- The Petitioner in W.P.No. 11287 of 1998 is a Professor and Head of the Department of Geriatric Surgery, Madras Medical College, Chennai and the petitioner in W.P.No. 11288 of 1998 is a Professor and Head of the Department of Pharmacognosy, Madras Medical College, Chennai.
4. In both these petitions, the respective petitioner has sought for a Writ of Mandamus forbearing the respondent-University from preventing them to exercise their rights and duties as elected Members of Senate/Governing Council of the respondent-University, for the full tenure of their office ending on 16-7-1999 and 12-10-1998 respectively. The petitioners state that they were duly elected under Section 18(3)(a) of the Dr. M.G.R. Medical University. Act (for short "the University Act"), as the Members of the Senate of the respondent-University. The Madras Medical College is one of the primary and biggest constituent Colleges of the respondent-University. As on date, it represents the interests of about 1000 Under-Graduates, 800 Post-Graduates and Super Speciality Students. The petitioners are the sole representatives of the Madras Medical College and all the Pharmacy Colleges respectively as Members of Senate/Governing Council of the University. For the next five years, the degree should be awarded only by the respondent-University to the students of the Madras Medical College and even today, the affiliation fee is collected from the Chennai Medical College by the respondent-University and all the examinations will be conducted by the University for five years. For the current academic year, the students are registered and affiliated under the respondent-University. In short, the representation of the petitioners with the respondent-University on behalf of the Madras Medical College and the Pharmacy Colleges cannot be dispensed with till they complete their term. The petitioners state that except the renaming of the Madras Medical College into Chennai Medical College by a declaration under Section 3 of the University Grants Commission Act (for short 'U.G.C. Act'), no other consequential requirements under the University Act had been carried out; it could not be done over-night without giving effect to the transitory provisions to permit the existing system to dissolve into a new constituent over a period of time. It is further stated that the Vice-Chancellor of the respondent-University, who is contemplating extension for the second term, takes the opportunity to eliminate any contest from the eligible Members of the Madras Medical College, seeking to disaffiliate the College on one or the other ground. The petitioners allege malice in law on the part of the second respondent to shield the upgradation of the College into a Deemed University for his personal end. As per Section 18 of the University Act, the Senate of the respondent-University shall consist of ex-officio and other members, who are elected to the Senate of the University; the petitioner in W.P.No. 11287 of 1998 being one of the Professors of the affiliated College of the respondent-University, was elected by the teachers of the affiliated college as Senate Member for a perio
