Case Note & Summary
The petitioner, Namita Education and Welfare Society, runs Siddharth College of Arts at Boradpada, Post-Chargaon, Tal-Ambernath, District-Thane, which is an unaided college already granted permission for B.Ed and B.Com faculties. In response to an advertisement dated 9th December 2015 by the University of Mumbai inviting proposals under the Maharashtra Universities Act, 1994 for the academic year 2016-17, the petitioner applied for opening new B.Sc and B.A. faculties. The Local Enquiry Committee submitted a favorable inspection report, and the University granted affiliation for these faculties. However, the State Government, by letter dated 23rd September 2016, declined permission to open the new faculties, citing a policy decision that no new colleges or faculties would be permitted in certain areas. The petitioner challenged this refusal by way of a writ petition. The court noted that the State's policy was applicable only to aided colleges and not to unaided colleges like the petitioner's. The court held that the refusal was arbitrary and violative of Article 19(1)(g) and Article 14 of the Constitution of India. The court quashed the State's letter and directed the State to grant permission for the new faculties within four weeks, subject to the petitioner complying with all other requirements.
Headnote
A) Constitution Law - Right to Establish Educational Institution - Article 19(1)(g) and Article 14 - The State's refusal to grant permission to open new faculties in an existing unaided college based on a policy that applies only to aided colleges is arbitrary and violative of fundamental rights. The court held that the policy cannot be applied to unaided colleges and the refusal was unsustainable. (Paras 1-9) B) Education Law - Affiliation - Maharashtra Universities Act, 1994 - The University of Mumbai had granted affiliation for B.Sc. and B.A. faculties, but the State refused permission citing a policy. The court held that once the University grants affiliation, the State cannot refuse permission on grounds not applicable to unaided colleges. (Paras 2-8)
Issue of Consideration
Whether the State Government can refuse permission to open new faculties in an existing unaided college based on a policy that is not applicable to unaided colleges?
Final Decision
The court allowed the writ petition, quashed the State's letter dated 23rd September 2016, and directed the State to grant permission for the new faculties within four weeks, subject to compliance with all other requirements.
Law Points
- Right to establish and administer educational institution
- Article 19(1)(g) Constitution of India
- Article 14 Constitution of India
- Policy not applicable to unaided colleges
- Maharashtra Universities Act 1994
