Case Note & Summary
The petitioner, Shriram Education Society, runs a B.Ed and M.Ed college in Atpadi, Sangli, approved by the National Council of Teacher Education (NCTE) with an intake of 100 B.Ed and 25 M.Ed seats. The Shivaji University granted provisional affiliation for 2012-2013 but withdrew it on 6th June 2013, primarily on the ground that teachers were not appointed through the University's channel. The petitioner had earlier filed two writ petitions, and in the last order dated 30th April 2014 in W.P. 711 of 2013, the Court directed a time-bound program for appointment of teachers through a local selection committee and directed the Academic Council to consider the proposal for continuation of affiliation in its meeting on 15th May 2014. The petitioner complied by filling up teaching posts. However, the University did not consider the proposal and maintained the withdrawal. The Court held that the University's decision was unjustified as the deficiencies were cured, NCTE approval existed, and the University failed to follow natural justice. The Court quashed the order of withdrawal and directed the University to grant affiliation for the academic year 2012-2013 and continue it for subsequent years subject to compliance with norms.
Headnote
A) University Law - Affiliation - Withdrawal of Affiliation - Sections 34, 35, 36 of the Maharashtra Universities Act, 1994 - The University withdrew affiliation on ground of non-appointment of teachers through its channel, but the Court had earlier directed appointment through a local selection committee, which was complied with. The Court held that once the deficiencies are cured and NCTE approval exists, the University cannot deny affiliation solely on that ground. (Paras 2-8) B) Education Law - Teacher Appointment - Compliance with Court Orders - The petitioner complied with the Court's order dated 30th April 2014 in W.P. 711 of 2013 by filling up teaching posts through a local selection committee. The University's Academic Council was directed to consider the proposal for continuation of affiliation. (Paras 4-5) C) Administrative Law - Natural Justice - Opportunity of Hearing - The University's order withdrawing affiliation was passed without giving the petitioner an opportunity of hearing. The Court noted that the University must follow principles of natural justice before taking adverse action. (Para 7)
Issue of Consideration
Whether the University's decision to withdraw affiliation for the academic year 2012-2013 was justified despite the petitioner having complied with the directions of the Court regarding appointment of teachers and having obtained NCTE approval.
Final Decision
The Court allowed the petition, quashed the University's order dated 6th June 2013 withdrawing affiliation, and directed the University to grant affiliation for the academic year 2012-2013 and continue it for subsequent years subject to compliance with norms.
Law Points
- Affiliation cannot be withdrawn if deficiencies are cured
- University must consider compliance
- NCTE approval is relevant
- natural justice must be followed
