Case Note & Summary
The petitioners, Vidarbha Vikas Mahila Bal Kalyan Shikshan Sanstha and Akola College of Journalism, challenged the decision of the Academic Council of Sant Gadge Baba Amravati University withdrawing affiliation of the B.A. (Social Work) course started by the college in 2010. The college had obtained affiliation under Section 81 of the Maharashtra Universities Act, 1994, and admitted students for the three-year degree course. In 2013, it was revealed that the college had admitted two students directly to the second year of the course, though they had completed one year of B.S.W. from a different college. The Academic Council, under Section 91 of the Act, withdrew affiliation without issuing any show-cause notice or giving the college an opportunity of hearing. The court held that the power under Section 91, though enabling withdrawal of affiliation, must be exercised in accordance with principles of natural justice. Since no prior notice or hearing was given, the decision was quashed and set aside. The court directed the university to consider the matter afresh after giving the petitioners an opportunity of hearing. The petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Withdrawal of Affiliation - Section 91, Maharashtra Universities Act, 1994 - The Academic Council withdrew affiliation of B.A. (Social Work) course without prior notice or hearing to the college - Held that such decision violates principles of natural justice and is unsustainable (Paras 5-7).
Issue of Consideration
Whether the Academic Council's decision to withdraw affiliation of a course under Section 91 of the Maharashtra Universities Act, 1994, without giving prior notice or hearing to the affected college, is valid.
Final Decision
The petition is allowed. The impugned decision of the Academic Council withdrawing affiliation is quashed and set aside. The university is directed to consider the matter afresh after giving the petitioners an opportunity of hearing. Rule made absolute. No order as to costs.
Law Points
- Natural justice
- prior hearing
- affiliation withdrawal
- Section 91 Maharashtra Universities Act 1994
- Section 81 Maharashtra Universities Act 1994
Case Details
2014 LawText (BOM) (04) 142
Writ Petition No.5505 of 2013
Mr. R.J. Mirza for Petitioners, Mr. A.D. Sonak (AGP) for Respondent No.1, Mr. J.B. Kasat for Respondent No.2
Vidarbha Vikas Mahila Bal Kalyan Shikshan Sanstha and Akola College of Journalism
State of Maharashtra, Sant Gadge Baba Amravati University, The Academic Council, The Board of College and University
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Nature of Litigation
Writ petition challenging withdrawal of affiliation of a course by the Academic Council.
Remedy Sought
Petitioners sought quashing of the decision withdrawing affiliation and restoration of affiliation.
Filing Reason
The Academic Council withdrew affiliation of B.A. (Social Work) course without giving prior notice or hearing to the college.
Previous Decisions
The Academic Council decided to withdraw affiliation under Section 91 of the Maharashtra Universities Act, 1994.
Issues
Whether the withdrawal of affiliation under Section 91 of the Maharashtra Universities Act, 1994, without prior notice or hearing, violates principles of natural justice.
Submissions/Arguments
Petitioners argued that the decision was taken without any show-cause notice or opportunity of hearing, violating natural justice.
Respondents submitted that the power under Section 91 does not require prior hearing.
Ratio Decidendi
The power under Section 91 of the Maharashtra Universities Act, 1994, to withdraw affiliation must be exercised in accordance with principles of natural justice, requiring prior notice and hearing to the affected party.
Judgment Excerpts
The power under Section 91 of the Act is enabling power to withdraw the affiliation. However, such power has to be exercised in accordance with the principles of natural justice.
The decision to withdraw affiliation without giving any prior notice or hearing to the petitioners is unsustainable.
Procedural History
The petitioners filed Writ Petition No.5505 of 2013 in the High Court of Judicature at Bombay, Nagpur Bench, challenging the decision of the Academic Council withdrawing affiliation. The petition was taken up for final hearing by consent on 9th April 2014.
Acts & Sections
- Maharashtra Universities Act, 1994: Section 91, Section 81
