The Court's ruling was based on the failure of the university to adhere to the mandatory procedures required under the Maharashtra Public Universities Act and the 2018 Statute. The lack of proper notice, failure to involve the Board of Deans, and the absence of adequate opportunities for the petitioner to respond made the university's actions unsustainable in law.

The Bombay High Court Aurangabad Bench ruled in favor of the petitioner (Ratnadeep Medical Foundation) by quashing the impugned notices and orders that led to the sealing of its premises and the suspension of its pharmacy courses' affiliation. The Court found that the university and authorities failed to follow the proper legal procedure required under the Maharashtra Public Universities Act, 2016 and the Maharashtra Public Universities (Penalties) Statute, 2018. The case centers around procedural deficiencies in handling alleged breaches by the institution, leading to relief for the petitioner.

The court highlighted that the university did not adhere to statutory procedures when penalizing the petitioner for alleged breaches. The sealing of the premises and the denial of affiliation renewal for pharmacy courses were quashed due to lack of proper notice, inadequate investigation, and failure to comply with statutory mandates.

1. Background of the Petitioner (Para 2):

   • Fact: Ratnadeep Medical Foundation has been running various educational courses, including Nursing and Pharmacy, since 2000.
   • Discussion: It received approval for nursing courses and pharmacy degrees from relevant authorities but became involved in a dispute due to political motivations leading to the sealing of its premises and suspension of its affiliation.

2. Allegations Leading to Action (Para 2d-2g):

   • Fact: Agitations by students, purportedly due to political rivalry, triggered an inquiry by the university, which eventually led to sealing the college's pharmacy department.
   • Acts Involved: Maharashtra Public Universities Act, 2016, Section 108; Statute of 2018.

3. Issuance of Notices and Sealing (Para 2g-3):

   • Fact: The university issued a notice to the petitioner alleging violations of affiliation conditions and later sealed the institution’s premises, affecting students' ability to sit for exams.
   • Legal Focus: The notice referred to Section 108 of the Maharashtra Public Universities Act, which governs affiliation terms.

4. Court's Directions on Sealing (Para 4):

   • Fact: The Court, at the initial stage, ordered the removal of the seal and allowed the petitioner to reply to the allegations.

5. Affidavits and University’s Stand (Para 8-10):

   • Fact: The university justified its actions by referencing a resolution and the imposition of penalties under the 2018 Statute, but the court found procedural lapses.
   • Statutory Reference: Statute of 2018 regarding penalties for breaches of affiliation terms.

6. Procedural Violations by University (Para 12-22):

   • Fact: The court concluded that the notices and orders issued by the university were flawed as they failed to comply with Sections 108 and 120 of the Universities Act and relevant procedural steps outlined in the 2018 Statute.
   • Legal Principle: The Court emphasized the legal maxim that when a statute provides for a particular procedure, it must be followed strictly.

7. Court’s Conclusion on Relief (Para 22-29):

   • Fact: The court quashed the impugned orders and directed the university to process the affiliation application in compliance with law.
   • Outcome: The institution was allowed to reapply for affiliation, and decisions regarding affected students were to be resolved expeditiously.

Acts and Sections Discussed:

1. Maharashtra Public Universities Act, 2016:
   • Section 108: Governs the terms and conditions of affiliation for educational institutions.
   • Section 120: Provides for the process of de-affiliation, including a mandatory 30-day notice and Board of Deans' involvement.
2. Maharashtra Public Universities (Penalties to be Imposed Upon Erring Affiliated Colleges/Recognized Institutions) Uniform Statute, 2018:
   • Clause 2: Details breaches of terms of affiliation, including damage to the university's reputation.
   • Clause 4: Lays down procedures for initiating penalties against institutions.

Subjects:

Writ petition challenging the sealing of an educational institution’s premises and suspension of its affiliation without following due process under university regulations.

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