Case Note & Summary
The case involves a writ petition filed by Maharashtra Cosmopolitan Education Society's MCES College of Education and Research (the petitioner) challenging an order dated 25th November 2016 passed by the Presiding Officer of the Mumbai University and College Tribunal. The Tribunal had allowed an appeal filed by the second respondent (the Principal) against his termination, directing his reinstatement with continuity of service, backwages, and consequential benefits. The Principal was appointed as a full-time Principal of the petitioner's degree college on 1st July 2005, initially on probation for two years, and later confirmed. The University of Mumbai granted approval to his appointment. The dispute arose when the college did not allow the Principal to sign the muster roll from 15th June 2015, effectively terminating his services before he attained the age of superannuation of 65 years, as per UGC Regulations. The Principal approached the Tribunal, which held that the termination was illegal and ordered reinstatement with backwages. The petitioner challenged this order on the ground that the Tribunal lacked jurisdiction and that the termination was justified as the Principal had not undergone the mandatory performance review at 62 years. The High Court examined the provisions of the Maharashtra Universities Act, 1994, and the UGC Regulations, 2010, and held that the Tribunal had jurisdiction to entertain the appeal. However, the Court found that the Tribunal's order granting full backwages was excessive and not in accordance with law. The Court modified the order, directing reinstatement of the Principal without backwages but with continuity of service, and set aside the award of backwages. The Court also directed that the Principal be allowed to continue until the age of 65 years, subject to the performance review as per UGC Regulations.
Headnote
A) Service Law - Termination of Principal - Jurisdiction of Tribunal - The Mumbai University and College Tribunal has jurisdiction under Section 58 of the Maharashtra Universities Act, 1994 to hear appeals against termination of employees of affiliated colleges, including minority institutions, as the Act applies uniformly. However, the Tribunal must consider the applicability of UGC Regulations, which prescribe an age of superannuation of 65 years for Principals, subject to performance review at 62 years. The Tribunal's order reinstating the Principal with backwages was set aside as it failed to consider the UGC Regulations and the fact that the termination was based on the college's decision not to allow the Principal to sign the muster roll after he attained 62 years, pending performance review. (Paras 1-11) B) Service Law - Age of Superannuation - UGC Regulations - The UGC Regulations, 2010, as adopted by the University of Mumbai, provide that the age of superannuation for Principals is 65 years, subject to a performance review at 62 years. The college's action of not allowing the Principal to sign the muster roll from 15.06.2015, before he attained 65 years, was premature and illegal. However, the Tribunal's direction for reinstatement with backwages was excessive as the Principal had not worked during the period and the college had acted in good faith. (Paras 4-10) C) Service Law - Reinstatement with Backwages - Discretion - Reinstatement with full backwages is not automatic and must be granted only in exceptional circumstances. The Tribunal erred in granting full backwages without considering that the Principal had not rendered any service and that the college had a valid reason for the termination. The High Court modified the order to reinstate the Principal without backwages, but with continuity of service. (Paras 10-11)
Issue of Consideration
Whether the Mumbai University and College Tribunal had jurisdiction to entertain an appeal against termination of a Principal of a minority institution, and whether the termination was illegal in light of UGC Regulations regarding age of superannuation.
Final Decision
The High Court partly allowed the writ petition. The order of the Tribunal was modified: the direction for reinstatement with continuity of service was upheld, but the award of backwages was set aside. The Principal was directed to be reinstated without backwages, and the college was directed to allow him to continue until the age of 65 years, subject to the performance review as per UGC Regulations.
Law Points
- Jurisdiction of University and College Tribunal
- Applicability of UGC Regulations
- Age of Superannuation for Principal
- Termination without Notice
- Reinstatement with Backwages
