Case Note & Summary
The petitioner, Guru Nanak Institute of Engineering and Technology, challenged two interim orders dated 06/05/2023 passed by the Grievance Committee of Rashtrasant Tukadoji Maharaj Nagpur University in Grievance Petition Nos. 10/2022 and 11/2022. The orders directed the petitioner to release full salary of respondent No.3 (Dilip L. Budhlani in WP 5191/2023 and Pravin N. Bhise in WP 5192/2023) from the date of completion of six months of suspension. The respondents had been suspended on 11/03/2022 and 10/03/2022 respectively, and filed complaints on 16/03/2022. The petitioner contended that the Grievance Committee had lost jurisdiction to pass the impugned orders because the Vice Chancellor's Directions No. 12/2022, issued on 25/02/2022 under Section 12(8) of the Maharashtra Public Universities Act, 2016, had automatically lapsed on 24/08/2022 as they were not converted into statute within six months. The court examined Section 12(8) and noted that the Vice Chancellor is empowered to issue directions only as a stop-gap arrangement when no statute, ordinance, or regulation exists, and must place them before the Management Council for approval and also place a draft statute. The proviso mandates that if not converted into statute within six months, the direction automatically lapses. The court found that the Vice Chancellor failed to place the Directions before the Management Council or submit a draft statute, and thus the Directions lapsed. Consequently, the Grievance Committee had no authority to proceed or pass any orders after the lapse. The court quashed the impugned orders and directed the Grievance Committee to decide the grievances expeditiously, noting that a statute is now in place.
Headnote
A) University Law - Grievance Committee Jurisdiction - Lapse of Vice Chancellor's Directions - Section 12(8) and Section 79 of Maharashtra Public Universities Act, 2016 - The Vice Chancellor issued Directions on 25/02/2022 under Section 12(8) to regulate procedure of Grievance Committee, but failed to place them before Management Council for approval or convert them into statute within six months, causing automatic lapse on 24/08/2022. The Grievance Committee passed interim orders on 06/05/2023, after the Directions had lapsed. Held that the Grievance Committee had no jurisdiction to pass any orders after the Directions lapsed, and the impugned orders are unsustainable in law (Paras 8-17).
Issue of Consideration
Whether the Grievance Committee had jurisdiction to pass interim orders after the Vice Chancellor's Directions under Section 12(8) of the Maharashtra Public Universities Act, 2016 had lapsed due to non-conversion into statute within six months.
Final Decision
Writ petitions allowed. Orders dated 06/05/2023 passed by Grievance Committee in Grievance Petition Nos. 10/2022 and 11/2022 are quashed and set aside. Grievance Committee directed to decide the grievances of respondents No.3 expeditiously. Rule made absolute. No order as to costs.
Law Points
- Vice Chancellor's directions under Section 12(8) of Maharashtra Public Universities Act
- 2016 automatically lapse if not converted into statute within six months
- Grievance Committee cannot proceed without valid directions
- Interim orders passed after lapse of directions are without jurisdiction
