Case Note & Summary
The petitioner, Nisargdeep Shikshan Prasarak Mandal, a registered public trust, had been running Shri Tuljabhavani Arts and Science College at Chitte-Pimpalgaon on a permanent non-grant basis. Its affiliation was withdrawn by Dr. Babasaheb Ambedkar Marathwada University on 06.09.2022 following an enquiry that found serious lapses and mismanagement. The petitioner challenged the de-affiliation in Writ Petition No. 9809/2022, which was dismissed on 29.08.2023, and the Supreme Court dismissed the SLP on 06.10.2023. Subsequently, the petitioner applied for renewal of affiliation, which was initially accepted but later rejected, and that rejection is under challenge in Writ Petition No. 8542/2024. Meanwhile, the State Government, through a letter dated 22.09.2023, instructed the University to invite proposals for new colleges for 2024-2025, including Chitte-Pimpalgaon as a new location. Respondent no. 4 submitted a proposal through the University, which recommended it, while respondent no. 3 submitted a proposal directly to the State Government. By invoking powers under Section 109(3)(d) of the Maharashtra Public Universities Act, 2016, the State issued LOIs to both respondent nos. 3 and 4 on 15.02.2024 and final approval on 15.07.2024. The petitioner challenged these actions, arguing that the location was not in the perspective plan, the procedure was not followed, and it would lead to unhealthy competition. The court framed four issues: locus of the petitioner, validity of adding the location in the annual plan, and validity of LOI and final approval to respondent nos. 3 and 4. The court found that the petitioner's affiliation was withdrawn and confirmed, and the petitioner had no existing right to run a college at the location. Therefore, the petitioner had no locus to challenge the permissions granted to others. The court also noted that the location was included in the annual plan approved by the Commission, and the LOIs were issued under Section 109(3)(d), which permits the State to grant LOI directly. Consequently, the court dismissed the petition, upholding the impugned resolutions.
Headnote
A) Locus Standii - De-affiliated Institution - Challenge to Permissions to Others - A petitioner whose college affiliation has been withdrawn and confirmed up to the Supreme Court has no locus to challenge the grant of LOI and final approval to other institutions for the same location, as the petitioner has no existing right or interest in the location. (Paras 16-18)
B) Maharashtra Public Universities Act, 2016 - Section 109(3)(d) - LOI to New Colleges - The State Government has power under Section 109(3)(d) to issue LOI directly to institutions even without University recommendation, provided the location is included in the annual plan approved by the Commission. (Paras 13, 16)
C) Perspective Plan - Annual Plan - Inclusion of Location - The inclusion of a location in the annual plan for 2024-2025 was approved by the Commission vide letter dated 29.07.2023, and thus the addition of Chitte-Pimpalgaon is valid. (Paras 13, 16)
Issue of Consideration
Whether the petitioner has locus to challenge the LOI and final approval granted to respondent nos. 3 and 4 for opening new colleges at Chitte-Pimpalgaon, and whether the addition of the location in the annual plan and the issuance of LOI under Section 109(3)(d) of the Maharashtra Public Universities Act, 2016 are legal and valid.
Final Decision
The writ petition is dismissed. The impugned letter dated 22.09.2023, government resolution dated 15.02.2024, and government resolution dated 15.07.2024 are upheld.
Law Points
- Locus standii
- De-affiliation
- Perspective plan
- Annual plan
- Section 109(3)(d) Maharashtra Public Universities Act 2016
- Unhealthy competition
Case Details
2024 Lawtext (BOM) (8) 267
Writ Petition No. 2093 of 2024
Mangesh S. Patil, Shailesh P. Brahme
Mr. M.V. Ghatge, Mr. A.R. Kale, Mr. S.S. Tope, Mr. V.P. Latange, Mr. Y.V. Kadake, Mr. P.B. Shirsath
Nisargdeep Shikshan Prasarak Mandal, Aurangabad
The State of Maharashtra, Dr. Babasaheb Ambedkar Marathwada University, Shri Dyaneshwar Bahuuddeshiya Sevabhavi Sanstha, Pandit Dindayal Uppadhay Shikshan Sanstha, The Maharashtra State Commission for Higher Education and Development, Rajendra S/o. Gulabsingh Jadhav
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the issuance of Letter of Intent and final approval to respondent nos. 3 and 4 for opening new colleges at Chitte-Pimpalgaon.
Remedy Sought
Petitioner sought quashing of letter dated 22.09.2023, government resolution dated 15.02.2024, and government resolution dated 15.07.2024, and ancillary orders.
Filing Reason
Petitioner alleged that the location Chitte-Pimpalgaon was not included in the perspective plan, the procedure under the Maharashtra Public Universities Act, 2016 was not followed, and the impugned permissions would lead to unhealthy competition.
Previous Decisions
Affiliation of petitioner's college was withdrawn on 06.09.2022, upheld by High Court in Writ Petition No. 9809/2022 on 29.08.2023, and by Supreme Court on 06.10.2023. Petitioner's application for affiliation was rejected and is under challenge in Writ Petition No. 8542/2024.
Issues
Whether the petitioner has locus to challenge the impugned resolutions?
Whether the addition of location Chitte-Pimpalgaon in the annual plan 2024-2025 is legal and valid?
Whether the LOI and final approval given to respondent no. 3 – College is legal and valid?
Whether the LOI and final approval given to respondent no. 4 – College is legal and valid?
Submissions/Arguments
Petitioner submitted that the location was not in the perspective plan, procedure under Sections 107, 109(2), 109(3)(d) was not followed, and it leads to unhealthy competition.
Respondent no. 1 submitted that the location was added in the annual plan approved by the Commission, and LOIs were issued under Section 109(3)(d) after following due procedure.
Respondent no. 2 submitted that the petitioner has no locus due to de-affiliation confirmed up to Supreme Court.
Respondent nos. 3 and 4 submitted that they followed due procedure and the petitioner has no locus.
Ratio Decidendi
A petitioner whose college affiliation has been withdrawn and confirmed up to the Supreme Court has no locus to challenge the grant of LOI and final approval to other institutions for the same location, as the petitioner has no existing right or interest in the location. The State Government has power under Section 109(3)(d) of the Maharashtra Public Universities Act, 2016 to issue LOI directly to institutions even without University recommendation, provided the location is included in the annual plan approved by the Commission.
Judgment Excerpts
The affiliation of petitioner’s college was withdrawn on 06.09.2022. It was confirmed up to the Supreme Court.
Location of Chitte-Pimpalgaon was incorporated in annual plan of 2024-2025 by approval of respondent no. 5 vide letter dated 29.07.2024.
By invoking powers under Section 109 (3) (d), respondent nos. 3 and 4 were granted LOI.
Procedural History
Petitioner's college affiliation withdrawn on 06.09.2022. Challenge in Writ Petition No. 9809/2022 dismissed on 29.08.2023. SLP dismissed by Supreme Court on 06.10.2023. Petitioner filed Writ Petition No. 8542/2024 for affiliation, pending. Present petition filed challenging LOI and final approval to respondent nos. 3 and 4.
Acts & Sections
- Maharashtra Public Universities Act, 2016: 107, 109(2), 109(3)(d)
- Constitution of India: Article 226
