Case Note & Summary
The petitioner, SSUD Ayurved Medical College and Hospital, through its Principal Dr. Kishor Tarar, filed a writ petition challenging the order dated 12th June 2013 issued by the Registrar of the Maharashtra University of Health Sciences, Nashik. The order informed the petitioner that the affiliation of the college was permanently withdrawn for breach of Section 63 of the Maharashtra Universities of Health Sciences Act, 1998, pursuant to a resolution of the Management Council dated 10th January 2013. The respondent-University raised a preliminary objection regarding the maintainability of the writ petition, arguing that the Society 'Maa Vaishnavi Mahila Mandal' (Registration No. Mah.78/93, Mumbai – F10617) is a necessary party as it is the Management running the college. The University relied on the definition of 'Management' under Section 2(21) of the Act, which includes the trustees or managing/governing body of a trust or society. The University contended that the impugned order was addressed to the President and Secretary of the Society, and therefore the Society is the appropriate person to challenge it. The Court, after hearing the parties, upheld the preliminary objection and dismissed the writ petition for non-joinder of necessary party, holding that the Principal of the college has no locus standi to maintain the petition.
Headnote
A) Administrative Law - Locus Standi - Necessary Party - Petitioner, Principal of the college, challenged the order permanently withdrawing affiliation under Section 63 of the Maharashtra Universities of Health Sciences Act, 1998. The respondent-University raised preliminary objection that the Society 'Maa Vaishnavi Mahila Mandal' is the Management as per Section 2(21) of the Act and is a necessary party. The Court held that the Society is the appropriate person to maintain the petition and the Principal has no locus standi. The petition was dismissed for non-joinder of necessary party. (Paras 1-3)
Issue of Consideration
Whether the writ petition challenging the permanent withdrawal of affiliation is maintainable when the petitioner (Principal of the college) is not the Management as defined under Section 2(21) of the Maharashtra Universities of Health Sciences Act, 1998, and the Society running the college is a necessary party.
Final Decision
The writ petition is dismissed for non-joinder of necessary party. Rule is discharged. No order as to costs.
Law Points
- Locus standi
- necessary party
- maintainability of writ petition
- affiliation withdrawal
- Section 63 Maharashtra Universities of Health Sciences Act 1998
Case Details
2013 LawText (BOM) (10) 173
Writ Petition No.3797/2013
Mr. F.T. Mirza for petitioner, Mr. Abhijeet Deshpande for respondent, Mr. R.M. Pande for intervenor
SSUD Ayurved Medical College and Hospital through its Principal Dr. Kishor s/o Daulatrao Tarar
The Maharashtra University of Health Sciences through its Registrar
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Nature of Litigation
Writ petition challenging the order of permanent withdrawal of affiliation of an Ayurvedic medical college by the University.
Remedy Sought
The petitioner (Principal of the college) sought to quash the order dated 12th June 2013 permanently withdrawing affiliation.
Filing Reason
The petitioner challenged the order of permanent withdrawal of affiliation for breach of Section 63 of the Maharashtra Universities of Health Sciences Act, 1998.
Previous Decisions
The Management Council passed a resolution on 10th January 2013 to permanently withdraw affiliation, communicated by the Registrar's order dated 12th June 2013.
Issues
Whether the writ petition is maintainable without impleading the Society 'Maa Vaishnavi Mahila Mandal' as a necessary party.
Whether the Principal of the college has locus standi to challenge the withdrawal of affiliation.
Submissions/Arguments
The respondent-University argued that the Society is the Management as per Section 2(21) of the Act and is a necessary party; the impugned order was addressed to the President and Secretary of the Society.
The petitioner argued through counsel that the petition is maintainable.
Ratio Decidendi
The Society running the college is the 'Management' under Section 2(21) of the Maharashtra Universities of Health Sciences Act, 1998, and is a necessary party to the challenge of the affiliation withdrawal order. The Principal of the college has no locus standi to maintain the petition without the Society being impleaded.
Judgment Excerpts
The petition raises the challenge to the order issued by the Registrar of the respondent – the University on 12th June, 2013 by which it is informed that the affiliation of the petitioner college is permanently withdrawn for breach of the provisions of Section 63 of the Maharashtra Universities of Health Sciences Act, 1998...
The respondent – University has filed the preliminary objection to the maintainability of the writ petition on the ground that the Society 'Maa Vaishnavi Mahila Mandal'... is a necessary party...
He has further relied on the definition of the 'Management' under Section 2 (21) of the Act...
Procedural History
The writ petition was filed in 2013. The respondent-University raised a preliminary objection regarding maintainability. The Court heard the parties and dismissed the petition on 15th October 2013.
Acts & Sections
- Maharashtra Universities of Health Sciences Act, 1998: 2(21), 63, 64, 66(1), 73(1), 74
