Case Note & Summary
The petitioner, Dr. Shankar S/o Bhagwan Ambhore, was a Professor and Head of Department of Economics at Smt. Dankunwar Mahila Mahavidyalaya, Jalna. He was elected as a Senate member of Dr. Babasaheb Ambedkar Marathwada University from the Teachers Constituency under Section 28(2)(r) of the Maharashtra Public Universities Act, 2016. Subsequently, he applied for and was appointed as Principal of Kohinoor Arts, Commerce, Science College, Khultabad, with effect from 03.05.2023, and his appointment was approved by the University. He was granted a lien on his previous post. The University issued a show cause notice on 21.02.2024, alleging that he had ceased to represent the Teachers Constituency. The petitioner challenged the notice via Writ Petition No.2201/2024, but the petition was withdrawn after an office order declaring cessation was withdrawn. A fresh show cause notice was issued on 28.02.2024, and despite the petitioner's reply, an order dated 02.03.2024 was passed by the Vice Chancellor and communicated by the Registrar, declaring the petitioner disqualified from continuing as a Senate member. The petitioner filed the present writ petition challenging the order as ultra vires and violative of natural justice. The court examined the relevant provisions: Section 28(2)(r) provides for election of ten teachers other than principals and directors, while Section 28(2)(o) provides for election of ten principals. Section 63 states that a person elected as a member by virtue of belonging to a category ceases to be a member as soon as he ceases to belong to that category. The court held that upon the petitioner's appointment as Principal, he ceased to belong to the category of 'teachers other than principals' and thus automatically ceased to be a Senate member under Section 63. The court distinguished the petitioner's case from precedents cited, noting that those cases involved changes within the same category. The court also held that the Vice Chancellor and Registrar were competent to communicate the cessation, and reference to the Chancellor under Section 140 was not required for automatic cessation. The petition was dismissed, and the impugned order was upheld.
Headnote
A) Maharashtra Public Universities Act, 2016 - Cessation of Membership - Section 63 - Automatic Vacation - Where a person elected as member of an authority by virtue of belonging to a specific category ceases to belong to that category, he automatically ceases to be a member and is deemed to have vacated his office. The provision operates notwithstanding anything in the Act or Statutes. (Paras 8-10) B) Maharashtra Public Universities Act, 2016 - Senate Composition - Sections 28(2)(r) and 28(2)(o) - Teachers Constituency vs. Principals Constituency - Section 28(2)(r) provides for election of ten teachers other than principals and directors, while Section 28(2)(o) provides for election of ten principals. A person elected as a teacher cannot continue as a member after becoming a principal, as the two categories are distinct. (Paras 7, 10) C) Maharashtra Public Universities Act, 2016 - Disqualification - Authority to Declare - Sections 63, 140 - The Vice Chancellor and Registrar are competent to communicate the automatic cessation under Section 63. Reference to Chancellor under Section 140 is not required for automatic cessation under Section 63. (Paras 5, 12) D) Maharashtra Public Universities Act, 2016 - Natural Justice - Show Cause Notice - The petitioner was given a show cause notice and an opportunity to reply. The impugned order was passed after considering the reply, and the cessation being automatic, no further hearing is required. (Paras 3-4, 12)
Issue of Consideration
Whether on appointment of the petitioner as Principal, he ceases to represent Teachers Constituency under Section 28(2)(r) of the Maharashtra Public Universities Act, 2016, and whether the impugned order declaring his disqualification is ultra vires and violative of natural justice.
Final Decision
The court dismissed the writ petition, upholding the order dated 02.03.2024 declaring the petitioner disqualified to continue as Senate member. The court held that the petitioner's appointment as Principal resulted in automatic cessation of his membership under Section 63 of the Maharashtra Public Universities Act, 2016, and the impugned order was valid.
Law Points
- Cessation of membership under Section 63 of Maharashtra Public Universities Act
- 2016 is automatic upon change of category from teacher to principal
- Interpretation of Section 28(2)(r) and Section 28(2)(o) of the Act
- 2016
- Distinction between teacher and principal under the Act
- Role of Vice Chancellor and Registrar in communicating cessation
- No requirement of reference to Chancellor under Section 140 for automatic cessation
