Case Note & Summary
The petitioner, a dental graduate (B.D.S. 2001) from the Government Dental College, Aurangabad, which was then affiliated to Dr. Babasaheb Ambedkar Marathawada University (respondent No.1), sought registration as a registered graduate of that university under the Maharashtra Public Universities Act, 2016, to participate in the Senate elections. The university had issued a notification for electing ten graduates from among registered graduates to the Senate under Section 28(2)(t) of the Act. The petitioner faced difficulties in the online registration process as the portal did not list medical/dental colleges. After a representation, the university communicated on 07.07.2017 that he should apply to the Maharashtra University of Health Sciences, Nashik, as he belonged to the health sciences faculty, citing Section 131(1) proviso of the 2016 Act and Section 81 of the Maharashtra University of Health Sciences Act, 1998. The petitioner filed Writ Petition No. 9103/2017 challenging this communication. On 24.07.2017, a Division Bench of the High Court disposed of the petition, directing the Vice Chancellor to decide the petitioner's request on merits by 31.07.2017, noting that registration under the two acts is distinct and the petitioner could claim registration under the 2016 Act. The Vice Chancellor, however, passed an order rejecting the request, holding that under Section 81 of the Health Sciences Act, the petitioner was deemed to be a registered graduate of the Health Sciences University and ceased to be a registered graduate of the parent university, and that his college was now outside the jurisdiction of the parent university. The petitioner then filed the present writ petition. The High Court examined the relevant provisions: Sections 28 and 30 of the Maharashtra Public Universities Act, 2016 provide for election of registered graduates to the Senate and Management Council. Section 2(63) defines 'university', and Section 2(15) defines 'collegium of graduates'. Section 131 deals with registered graduates. Under the Maharashtra University of Health Sciences Act, 1998, Section 2(29) defines 'registered graduate' and Section 81 provides for registration of graduates of the Health Sciences University and graduates holding a degree in health sciences of any existing university for which the Health Sciences University is established. The court noted that the Health Sciences University Act does not provide for representation of registered graduates in any of its authorities under Chapter IV (Sections 22 onwards), unlike the Maharashtra Public Universities Act which mandates such representation. Therefore, the registration under the Health Sciences Act serves a different purpose and does not deprive a graduate of the right to be registered under the parent university's Act for electoral purposes. The court held that the petitioner, being a graduate of the parent university, is entitled to be registered as a registered graduate under the Maharashtra Public Universities Act, 2016. The Vice Chancellor's order was set aside and the writ petition allowed, directing the university to register the petitioner as a registered graduate.
Headnote
A) Education Law - University Registration - Eligibility of Dental Graduates - Maharashtra Public Universities Act, 2016, Sections 28(2)(t), 30, 131; Maharashtra University of Health Sciences Act, 1998, Sections 2(29), 81 - A dental graduate who obtained a degree from a college originally affiliated to Dr. Babasaheb Ambedkar Marathawada University and later assigned to the Maharashtra University of Health Sciences remains entitled to be registered as a graduate of the former university under the Maharashtra Public Universities Act, 2016, for the purpose of electing members to the Senate, as the Health Sciences Act does not provide for representation of registered graduates in its authorities and the registration under the two acts are distinct. The Vice Chancellor's order denying registration on the ground that the petitioner should apply to the Health Sciences University was held to be erroneous and was set aside. The university was directed to register the petitioner as a registered graduate. (Paras 1-10)
Issue of Consideration
Whether a graduate holding a dental degree from a college previously affiliated to Dr. Babasaheb Ambedkar Marathawada University but now within the purview of Maharashtra University of Health Sciences is entitled to be registered as a registered graduate of Dr. Babasaheb Ambedkar Marathawada University under the Maharashtra Public Universities Act, 2016 for the purpose of participating in Senate elections.
Final Decision
The writ petition was allowed; the order of the Vice Chancellor was quashed and set aside; and the respondent university was directed to register the petitioner as a registered graduate and include his name in the electoral roll for the Senate elections as per the Maharashtra Public Universities Act, 2016.
Law Points
- A graduate of an existing university remains entitled to registration under the parent university's Act even after the establishment of a specialized university for that discipline
- unless the specialized university provides for representation of registered graduates in its governing bodies. Registration under the Maharashtra Public Universities Act
- 2016 for electoral purposes is distinct from registration under the Maharashtra University of Health Sciences Act
- 1998. Section 81 of the Health Sciences Act does not per se disentitle a graduate from registration under the 2016 Act.
Case Details
2018 LawText (BOM) (07) 16
Writ Petition No. 12391 of 2017
R.M. Borde, Vibha V. Kankanwadi
N.B. Khandare, N.V. Mande, R.S. Sarvadnya, A.B. Girase
Dr. Narendra S/o Hiralal Kale
1. The Dr. Babasaheb Ambedkar Marathawada University, Aurangabad (through its Registrar); 2. The Vice Chancellor, Dr. Babasaheb Ambedkar Marathawada University, Aurangabad; 3. The State of Maharashtra (through its Secretary, Higher & Technical Education Department)
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Nature of Litigation
Writ petition under Article 226 challenging the order of the Vice Chancellor denying registration of the petitioner as a registered graduate of Dr. Babasaheb Ambedkar Marathawada University for the purpose of participating in Senate elections under the Maharashtra Public Universities Act, 2016.
Remedy Sought
Petitioner sought directions to quash and set aside the order of the Vice Chancellor and to direct the respondent university to register him as a registered graduate and include his name in the electoral roll for the Senate elections.
Filing Reason
The petitioner, a dental graduate, was informed by the university that he should apply to the newly formed Maharashtra University of Health Sciences, as he belonged to the health sciences faculty, and therefore could not be registered as a graduate of the parent university. He had earlier filed a writ petition which was disposed of with a direction to the Vice Chancellor to decide the matter on merits, but the Vice Chancellor rejected his request.
Previous Decisions
Writ Petition No. 9103/2017 was disposed of by the Division Bench on 24.07.2017 with a direction to the Vice Chancellor to decide the petitioner's request on merits by 31.07.2017, after observing that registration under the two Acts is distinct and the petitioner could claim registration under the Maharashtra Public Universities Act, 2016.
Issues
Whether a dental graduate who obtained a degree from a college previously affiliated to Dr. Babasaheb Ambedkar Marathawada University but subsequently falling under the Maharashtra University of Health Sciences, is entitled to be registered as a 'registered graduate' under Section 28(2)(t) of the Maharashtra Public Universities Act, 2016 for the purpose of electing members to the Senate.
Submissions/Arguments
Petitioner contended that he is a graduate of respondent No.1 university and is entitled to registration under the Maharashtra Public Universities Act, 2016; that the online registration portal did not provide options for medical/dental colleges; that Section 131 of the 2016 Act does not bar his registration; and that the Health Sciences University Act does not deprive him of rights under the parent university, especially since it provides no representation for registered graduates in its authorities.
The Vice Chancellor's order, defending the university's stance, held that under Section 81 of the Health Sciences Act and the proviso to Section 131(1) of the 2016 Act, health science graduates are deemed registered with the Health Sciences University and cease to be registered graduates of the parent university, and that the petitioner's college is now outside the jurisdiction of the parent university.
Ratio Decidendi
A graduate of an existing university remains entitled to be registered as a registered graduate of that university under the Maharashtra Public Universities Act, 2016, for the purpose of participating in elections to the University authorities, even if a specialized university for that discipline has been established and the graduate's college is now affiliated to that specialized university. The registration under the specialized university's Act (here, Section 81 of the Maharashtra University of Health Sciences Act, 1998) is a deeming provision for maintaining a register of graduates but does not deprive such a graduate of the right to be registered under the parent university's Act when the specialized university's Act does not provide for any representation of registered graduates in its own governance bodies. The legislative intent behind registration provisions in the two Acts is distinct and not mutually exclusive.
Judgment Excerpts
The clarification may not be, therefore, in accordance with the provisions of the Act. In any event it is a office clarification and not a specific order.
the Applicant is not at all entitled to register his name in the electoral roll of this University as he is expressly and deemed to be registered graduate of the Health Sciences University considering Sec.81 of the Maharashtra University of Health Sciences Act, 1998.
Procedural History
The petitioner, a dental graduate (B.D.S., 2001) from Government Dental College, Aurangabad, then affiliated to Dr. Babasaheb Ambedkar Marathawada University, attempted to register online for the Senate elections under the Maharashtra Public Universities Act, 2016. On 07.07.2017, the university communicated that he should apply to the Maharashtra University of Health Sciences, as he was a health sciences graduate. Aggrieved, he filed Writ Petition No. 9103/2017. The Division Bench of this Court, by order dated 24.07.2017, disposed of the petition, directing the Vice Chancellor to decide the matter on merits by 31.07.2017, observing that registration under the two Acts is distinct. The Vice Chancellor then passed an order rejecting the petitioner's request, leading to the filing of the present Writ Petition No. 12391/2017.
Acts & Sections
- Maharashtra Public Universities Act, 2016: 2(3), 2(15), 2(63), 28, 30, 131
- Maharashtra University of Health Sciences Act, 1998: 2(29), 2(36), 81
