Case Note & Summary
The petitioner, Ratnadeep Medical Foundation and Research Centre, has been running educational institutes since 2000, including pharmacy degree and diploma courses affiliated with Savitribai Phule Pune University (respondent no. 6) since 2018-2019. Due to alleged political rivalry and student agitation over fee reimbursement, the university constituted a committee under Dr. Sandeep Palve (respondent no. 7) which led to the sealing of the petitioner's premises on 08.03.2024. The university issued a show cause notice dated 12.03.2024 (Exh. F) citing breach of affiliation terms under Section 108 of the Maharashtra Public Universities Act, 2016, and later a communication dated 09.07.2024 (Exh. R) directing the petitioner not to admit students for 2024-2025 and to transfer existing students. The petitioner challenged these actions, seeking unsealing and continuation of affiliation. The court heard extensive arguments from all parties, including intervenor students. The court found that the notice dated 12.03.2024 did not comply with Section 120 of the Act, which requires a 30-day notice and initiation by the Board of Deans for de-affiliation; the notice was issued by the Deputy Registrar without such authority. The sealing and the communication dated 09.07.2024 were based on a resolution of the Management Council under the Statute of 2018, but the court held that the procedure under Section 120 was not followed and the actions were disproportionate. The court quashed the impugned notice and communication, directed the unsealing of the premises, and ordered the university to consider the petitioner's application for affiliation for 2024-2025 afresh in accordance with law, without being influenced by the earlier proceedings.
Headnote
A) University Law - Affiliation - Show Cause Notice - Section 108, Section 120 Maharashtra Public Universities Act, 2016 - The impugned notice dated 12.03.2024 did not comply with Section 120 which mandates a 30-day notice and initiation by the Board of Deans for de-affiliation; the notice was issued by the Deputy Registrar without such authority and without indicating any intention to de-affiliate. Held that the notice was unsustainable (Paras 14-15). B) University Law - Penalty - Sealing of Premises - Statute of 2018 - The sealing of the petitioner's premises and the communication dated 09.07.2024 directing non-admission and transfer of students were based on a resolution of the Management Council under the Statute of 2018, but the court found that the procedure under Section 120 was not followed and the action was disproportionate. Held that the sealing and the communication were quashed (Paras 16-18). C) University Law - Affiliation - Renewal - Section 108 Maharashtra Public Universities Act, 2016 - The petitioner had been granted affiliation on a year-to-year basis since 2018-2019; the university's refusal to renew affiliation for 2024-2025 was based on the impugned notice and sealing, which were set aside. Held that the university must consider the petitioner's application for affiliation afresh in accordance with law (Paras 13, 18).
Issue of Consideration
Whether the impugned notice dated 12.03.2024 and the subsequent communication dated 09.07.2024, as well as the sealing of the petitioner's premises, are sustainable under the Maharashtra Public Universities Act, 2016 and the Statute of 2018.
Final Decision
The court quashed the impugned notice dated 12.03.2024 (Exh. F) and the communication dated 09.07.2024 (Exh. R). It directed respondent no. 6 university to unseal the premises and to consider the petitioner's application for affiliation for the academic year 2024-2025 afresh in accordance with law, without being influenced by the earlier proceedings. The rule is made absolute accordingly.
Law Points
- Natural justice
- statutory interpretation
- affiliation
- de-affiliation
- show cause notice
- sealing of premises
- Section 108
- Section 120
- Maharashtra Public Universities Act
- 2016
- Statute of 2018
