Case Note & Summary
The petitioner, Dr. Shankar Bhagwan Ambhore, a Professor and Head of Department in Economics at Smt. Dankunwar Mahila Mahavidyalaya, Jalna, was nominated as a member of the Board of Studies (Economics) of Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, under Section 40(2)(b)(ii) of the Maharashtra Public Universities Act, 2016. He was subsequently elected as Chairman of the Board. Respondent No. 3 in each petition, Dr. Vilas Bhikaji Khandare and Dr. Appasaheb Bhausaheb Humbe, made representations to the Chancellor under Section 140 of the Act challenging the nomination. The Chancellor, by separate orders dated 01.09.2019, held that the petitioner's nomination was not in accordance with the Act and was void ab initio, primarily on the ground that the petitioner was not a 'teacher' as defined under the Act. The petitioner challenged these orders by way of two writ petitions. The High Court examined the definition of 'teacher' under Section 2(44) of the Act, which includes a Professor, Reader, Lecturer, or any other person holding a teaching post. The court found that the petitioner, being a Professor and Head of Department, clearly falls within this definition. The court also noted that the Chancellor's power under Section 140 is limited to ensuring that decisions of University authorities are in accordance with the Act, statutes, or ordinances, and does not permit the Chancellor to substitute his own interpretation or act as an appellate authority. The court held that the Chancellor exceeded his jurisdiction by re-interpreting the definition and declaring the nomination void ab initio. The impugned orders were set aside, and the writ petitions were allowed. The court directed that the petitioner's nomination as member and Chairman of the Board of Studies (Economics) be restored.
Headnote
A) University Law - Nomination to Board of Studies - Section 40(2)(b)(ii) Maharashtra Public Universities Act, 2016 - Validity of Nomination - Petitioner, a Professor and Head of Department in Economics with MA, M.Phil, Ph.D, was nominated as member of Board of Studies (Economics) by the University. Respondent No. 3 challenged the nomination before the Chancellor under Section 140. Chancellor held nomination void ab initio on ground that petitioner was not a 'teacher' as defined under the Act. Court held that the nomination was valid as the petitioner was a Professor and Head of Department, which falls within the definition of 'teacher' under Section 2(44) of the Act. The Chancellor's order was set aside. (Paras 3-10) B) University Law - Chancellor's Power under Section 140 - Scope of Review - Section 140 Maharashtra Public Universities Act, 2016 - The Chancellor's power under Section 140 is limited to examining whether any decision of the University authorities is not in accordance with the Act, statutes, or ordinances. The Chancellor cannot substitute his own interpretation or act as an appellate authority. In this case, the Chancellor exceeded his jurisdiction by re-interpreting the definition of 'teacher' and declaring the nomination void ab initio. (Paras 8-10) C) University Law - Definition of 'Teacher' - Section 2(44) Maharashtra Public Universities Act, 2016 - The term 'teacher' includes a Professor, Reader, Lecturer, or any other person holding a teaching post. The petitioner, being a Professor and Head of Department, squarely falls within this definition. The Chancellor's narrow interpretation that only those who are 'teachers' in the University's own colleges are eligible was erroneous. (Paras 5-7)
Issue of Consideration
Whether the nomination of the petitioner as a member of the Board of Studies (Economics) under Section 40(2)(b)(ii) of the Maharashtra Public Universities Act, 2016 was valid and whether the Chancellor's order declaring it void ab initio was sustainable.
Final Decision
The High Court allowed the writ petitions, set aside the impugned orders of the Chancellor dated 01.09.2019, and directed that the petitioner's nomination as member and Chairman of the Board of Studies (Economics) be restored.
Law Points
- Interpretation of Section 40(2)(b)(ii) of Maharashtra Public Universities Act
- 2016
- Nomination to Board of Studies
- Chancellor's power under Section 140
- Void ab initio
- Natural justice
