Case Note & Summary
The petitioner, Dr. Geeta Mallikarjun Patil, a Professor and Head of the Department of English at Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, was designated as Head of Department on March 14, 2017, for three years from April 1, 2017. Soon after, a complaint alleging dereliction of duty was received against her. The Vice Chancellor, purportedly under Section 106 of the Maharashtra Public Universities Act, 2016, constituted an Enquiry Committee comprising a retired District Judge and two practicing Advocates to investigate the allegations. The petitioner filed a writ petition challenging the Vice Chancellor's order as ultra vires the Act and sought its quashing. The petition was considered on several occasions but no stay was granted. Consequently, the Enquiry Committee proceeded with its work and completed the enquiry, despite the petitioner's alleged non-cooperation. The Court, upon final hearing, noted that the committee had already submitted its report and the challenge to its constitution had become infructuous. The petition was dismissed as premature and infructuous, with no order as to costs.
Headnote
A) University Law - Vice Chancellor's Powers - Section 106 Maharashtra Public Universities Act, 2016 - Constitution of Enquiry Committee - The Vice Chancellor constituted an Enquiry Committee to inquire into allegations of dereliction of duty against a Professor. The petitioner challenged the order as ultra vires. The Court held that the challenge was premature as the committee had already completed its enquiry and no stay was granted. The petition was dismissed as infructuous. (Paras 1-4)
Issue of Consideration
Whether the Vice Chancellor's order constituting an Enquiry Committee under Section 106 of the Maharashtra Public Universities Act, 2016, is ultra vires the Act and liable to be quashed.
Final Decision
The writ petition is dismissed as premature and infructuous. Rule discharged. No order as to costs.
Law Points
- Vice Chancellor's power to constitute enquiry committee
- Section 106 Maharashtra Public Universities Act 2016
- Challenge to constitutionality of committee
- Premature challenge
- No stay of enquiry
- Cooperation of employee
Case Details
2020 LawText (BOM) (09) 13
WRIT PETITION NO. 584 OF 2018
DIPANKAR DATTA, C.J., S.V. GANGAPURWALA, J.
Mr. N. B. Khandare for Petitioner, Mr. Rajendra Deshmukh, Senior Advocate i/b. Mr. Devang R. Deshmukh for Respondents
Dr. Geeta Mallikarjun Patil
Vice-Chancellor, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad & Ors.
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Nature of Litigation
Writ petition challenging the constitution of an Enquiry Committee by the Vice Chancellor under Section 106 of the Maharashtra Public Universities Act, 2016.
Remedy Sought
Quashing of the Vice Chancellor's order constituting the Enquiry Committee and declaration that the constitution is ultra vires the Act.
Filing Reason
The petitioner, a Professor and Head of Department, was subjected to an enquiry based on a complaint of dereliction of duty; she challenged the legality of the committee's constitution.
Previous Decisions
No stay was granted during the pendency of the petition; the Enquiry Committee completed its proceedings.
Issues
Whether the Vice Chancellor's order constituting an Enquiry Committee under Section 106 of the Maharashtra Public Universities Act, 2016, is ultra vires the Act.
Submissions/Arguments
Petitioner argued that the constitution of the Enquiry Committee was ultra vires the provisions of the Act.
University contended that the petitioner did not cooperate with the enquiry and the committee completed its task.
Ratio Decidendi
A challenge to the constitution of an enquiry committee becomes infructuous if the committee has already completed its enquiry and no stay was granted during the pendency of the petition.
Judgment Excerpts
Questioning the order of the Vice Chancellor constituting such committee, the petitioner presented this writ petition seeking, inter-alia, orders for quashing of such order of the Vice Chancellor as well as to declare that constitution of the Enquiry Committee is ultra vires the provisions of the Act.
The writ petition was considered on several occasions prior to its formal admission; however, there being no order of stay operating in the field, the Enquiry Committee proceeded to complete the task entrusted to it.
Procedural History
The writ petition was filed in 2018 challenging the Vice Chancellor's order dated March 14, 2017. It was considered on several occasions but no stay was granted. The Enquiry Committee completed its proceedings. The petition was finally heard on September 18, 2020.
Acts & Sections
- Maharashtra Public Universities Act, 2016: Section 106
