Case Note & Summary
The petitioner, Sanjeevan Gramin Vaidyakiya & Samajik Sahayata Pratishthan, a registered public trust and society, runs an Arts, Commerce and Science College at Onde, Thane. The college was granted affiliation by Mumbai University for the first time in the academic year 2002-2003 and became a government-aided institution from 2005-2006. The petitioner applied for permanent affiliation on 14.6.2010. A local inquiry committee (LIC) visited the college on 17.9.2011 and submitted a report on 16.11.2011 highlighting deficiencies in infrastructure and faculty. The University granted time to rectify the deficiencies, but the petitioner failed to comply. Consequently, the BCUD resolved on 26.7.2013, the Academic Council on 19.9.2013, and the University issued a letter on 21.9.2013 withdrawing affiliation. The petitioner challenged these decisions, alleging that the withdrawal was an act of vendetta because its chairman had filed a PIL against the Vice-Chancellor. The court noted that no specific allegations of mala fides were made and no person was impleaded. The court held that the University had followed the procedure under the Mumbai University Act, 1974, and provided sufficient opportunity to the petitioner. The petition was dismissed, and the withdrawal of affiliation was upheld.
Headnote
A) University Law - Affiliation Withdrawal - Natural Justice - Mumbai University Act, 1974 - Sections 34, 35 - The petitioner challenged the withdrawal of affiliation of its college on grounds of vendetta and lack of hearing. The court held that the University had followed the procedure under the Act and provided sufficient opportunity to the petitioner to comply with norms. The allegations of mala fides were not substantiated as no specific allegations were made against any person nor was any such person impleaded. (Paras 4-10) B) University Law - Local Inquiry Committee Report - Compliance - Mumbai University Act, 1974 - Section 34 - The LIC report highlighted deficiencies in infrastructure and faculty. The University granted time to rectify but the petitioner failed to comply. The court held that the University's decision to withdraw affiliation was based on the report and non-compliance, and was not arbitrary. (Paras 6-8) C) University Law - Opportunity of Hearing - Affiliated Colleges - Mumbai University Act, 1974 - Section 35 - The petitioner contended that no hearing was given before withdrawal. The court found that the University had issued notices and the petitioner was aware of the deficiencies. The court held that the procedure adopted was fair and in compliance with principles of natural justice. (Paras 9-10)
Issue of Consideration
Whether the withdrawal of affiliation by Mumbai University from the petitioner's college was valid and in accordance with law, and whether the petitioner was afforded adequate opportunity of hearing.
Final Decision
The petition is dismissed. The withdrawal of affiliation by Mumbai University is upheld. Rule is discharged. No order as to costs.
Law Points
- Affiliation withdrawal
- Natural justice
- Opportunity of hearing
- University norms compliance
- Mala fides not established
