Case Note & Summary
The petitioner, Nisargadeep Shikshan Prasarak Mandal, is an educational trust registered under the Maharashtra Public Trust Act, 1950, running Shri Tulja Bhavani Arts and Science College at Chitte Pimpalgaon, Aurangabad, on a permanent non-grant basis since 2009. The respondent No. 2, Dr. Babasaheb Ambedkar Marathwada University, had been renewing affiliation annually after inspections. The renewal continued up to the academic year 2019-2020. In 2020, a new managing committee was elected for the trust, but a dispute arose between two groups regarding management. A change report was pending before the competent authority under the Act of 1950. Without issuing any show cause notice or affording an opportunity of hearing, the university issued a communication dated 06.09.2022 withdrawing affiliation for the academic year 2022-2023. The petitioner challenged this communication and sought restoration of affiliation. The university filed an affidavit opposing the petition, and an intervention application was filed by the rival group. The court considered whether the withdrawal of affiliation without following principles of natural justice was valid. The court held that the action was arbitrary and violative of natural justice, as the petitioner had a legitimate expectation of continuation of affiliation based on past renewals. The court quashed the communication and directed the university to restore affiliation for the academic year 2022-2023, subject to compliance with other requirements.
Headnote
A) Administrative Law - Principles of Natural Justice - Affiliation Withdrawal - Right to be Heard - Maharashtra Public Trust Act, 1950 - The university withdrew affiliation of the petitioner's college without issuing any show cause notice or affording an opportunity of hearing. The court held that such action is arbitrary and violative of principles of natural justice, as the petitioner had a legitimate expectation of continuation of affiliation. (Paras 6-8) B) Education Law - Affiliation - Renewal - Legitimate Expectation - Maharashtra Public Trust Act, 1950 - The petitioner's college had been continuously affiliated since 2009 and renewals were granted annually after inspections. The court held that the petitioner had a legitimate expectation that affiliation would not be withdrawn without following due process. (Paras 4-5) C) Trust Law - Management Dispute - Effect on Affiliation - Maharashtra Public Trust Act, 1950 - The university cited a dispute between two groups of management as a reason for withdrawal. The court held that such internal disputes cannot be a ground to withdraw affiliation without hearing the affected party. (Paras 5, 8)
Issue of Consideration
Whether the withdrawal of affiliation by the university without issuing a show cause notice and without affording an opportunity of hearing to the petitioner is violative of principles of natural justice.
Final Decision
The court quashed the communication dated 06.09.2022 and directed the respondent No. 2/university to restore the affiliation of the petitioner's college for the academic year 2022-2023, subject to compliance with other requirements.
Law Points
- Principles of natural justice
- right to be heard
- affiliation withdrawal
- show cause notice
- opportunity of hearing
- Maharashtra Public Trust Act
- 1950
