Full Judgment Text
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 4839/2010
1. Shri Ramdeobaba Sarvajanik Samiti,
a Society registered under Societies
Registration Act, 1860, Tekdi Road,
Gittikhadan, Katol Raod, Nagpur through
its Secretary Shri Govindlal Agrawal,
r/o 80, Kotwal Nagar, Ring Road, Nagpur.
2. Shri Ramdeobaba Kamla Nehru
Engineering College, through its Principal
Shri Dr. V. S. Deshpande r/o 120, Telecom
Nagar, Nagpur22. .....PETITIONERS
...V E R S U S...
1. The Rashtrasant Tukdoji Maharaj
Nagpur University Nagpur, thr. its Registrar
2. The Hon’ble Vice Chancellor,
Rashtrasant Tukdoji Maharaj Nagpur
University,Nagpur. ....RESPONDENTS
Mr. M. G. Bhangde, Senior Advocate for petitioners.
Mr. B. G. Kulkarni, Advocate for respondents.
CORAM: S. A. BOBDE &
MRS. MRIDULA BHATKAR, JJ.
DATE : OCTOBER 7 , 2010
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2
ORAL JUDGMENT (Per: S. A. Bobde, J.)
1. Rule. Rule returnable forthwith. Heard finally by
consent of the parties.
2. The petitioners have approached this Court for direction
to respondent no.2Vice Chancellor, Rashtrasant Tukdoji Maharaj
Nagpur University, Nagpur, to exercise the emergency powers under
Section 14 (7) and (8) of the Maharashtra Universities Act, 1994
(hereinafter referred to as the “Act”) and grant approval to the
syllabus for the course of M. Tech (Power Electronics and Power
Systems) in Electrical Engineering and further First Time Affiliation for
academic year 201011. The petitioner is a reputed college of
Engineering affiliated to the Nagpur University. There is no course of
M. Tech. (Power Electronics and Power Systems) in Electrical
Engineering in the Nagpur University. The petitioner, therefore, made
a proposal to the Nagpur University for the introduction of the
Course. However, it seems that the proposal could not go through the
entire procedure contemplated by the Act for its commencement and
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3
has only gone past the Board of Studies under Section 38 of the Act
and not beyond. Thus, the Board of Studies for the University has
approved the syllabus in the said course. After approval by the Board
of Studies, in ordinary course, the proposal along with the syllabus
would have gone to the Faculty, Engineering and Technology under
Section 34 of the Act and, thereafter, to the Academic Council under
Section 30 of the Act. Thereafter, it would have been placed before
the Management Council. However, admittedly, these last three
stages could not be completed because of cessation of the term of
those bodies under the provisions of the Act. The bodies are not yet
constituted and we are informed that they would be constituted only
by the end of December2010.
3. Mr. Bhangde, the learned counsel for the petitioners,
submitted that in these circumstances, it was incumbent on the Vice
Chancellor to exercise powers under Section 14 (7) and (8) of the
Act. According to the learned counsel, there is, in fact, an emergency
in the sense that the newly proposed course, ought to have
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4
commenced in July but it could not because the term of the bodies,
which were to approve the syllabus for commencing of the course,
came to an end. Section 14 (7) and (8) of the Act read as follows:
“ 14. Powers and Duties of ViceChancellor.
(1) .....
(2) .....
(3) .....
(4) .....
(6) .....
(7) If there are reasonable grounds for the viceChancellor
to believe that there is an emergency which requires
immediate action to be taken, he shall take such action, as
he thinks necessary, and shall at the earliest opportunity,
report in writing the grounds for his belief that there was an
emergency, and the action taken by him, to such authority
or body as would, in the ordinary course, have dealt with
the matter. In the event of a difference arising between the
ViceChancellor and authority or body whether there was in
fact an emergency, or on the action taken (where such
action does not affect any person in the service of the
University), or on both, the matter shall be referred to the
Chancellor whose decision shall be final:
Provided that, where any such action taken by the Vice
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5
Chancellor affects any person in the service of the university,
such person shall be entitled to prefer, within thirty days
from the date on which he receives notice of such action,
appeal to the management Council.
(8) Where any matter is required to be regulated by the
Statutes, Ordinances or Regulations, but no Statutes,
Ordinances or Regulations are made in that behalf the Vice
Chancellor may, for the time being, regulate matter by
issuing such directions as he thinks necessary, and shall, at
the earliest opportunity thereafter, place them before the
Managements Council or other authority or body concerned
for approval. He may, at the same time, place before such
authority or body for consideration the draft of the Statutes,
Ordinances or Regulations, as the case may be, required to
be made in that behalf.”
The above provisions clearly confer on the Vice
Chancellor, powers to take action in an emergency. Whether an
emergency exists or not is a matter to be decided by Vice Chancellor
alone or by the Chancellor, in case of a difference on that issue
between him and a body. In normal circumstances, the
commencement of one course in one college may not have been
considered to be an emergency but the Vice Chancellor has himself in
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6
exercise of powers conferred by Section 14 (7) and (8) granted First
Time Affiliation of same course to the petitioner College itself and we
are told to other colleges also. Thus, it appears that the circumstance
of commencing of a course has been considered to be emergency for
the Vice Chancellor. Indeed, it is not the contention on behalf of the
Vice Chancellor before us that there is no emergency, therefore, he
has declined to exercise powers to approve the syllabus for the course
in question.
4. Mr. Kulkarni, the learned counsel for the Vice
Chancellor, submitted that the only reason why Vice Chancellor has
not exercised powers under Section 14 (7) and (8) of the Act, to
consider whether the approval should be granted for commencement
of the new course in M. Tech (Power Electronics and Power Systems)
in Electrical Engineering, is not that there is no emergency but grant
of such approval for a new course requires amendment of Ordinance
and that he has no power to amend an Ordinance. According to the
learned counsel, Ordinance 9, which is styled as “An ordinance to
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7
provide for the examination leading to the degree of Master of
Technology (Full Time) in the faculty of Engineering and Technology” ,
contains a list of courses, which a college may offer to the students for
a degree in M. Tech. That list in Ordinance 9 does not have the
subject in question, which is a totally new course. It will, therefore,
be necessary to amend the Ordinance to introduce this Course.
According to the learned counsel, a scheme of examination for this
course is also not in existence and such a scheme can only be
approved and finalised by same procedure referred to earlier. The
learned counsel contended that since the Vice Chancellor is of the
view that dealing with the matter is governed by the Act and since it
involves the amendment of Ordinance, he has not exercised the said
powers. We find from a plain reading of sub sections (7) and (8) that
power has been conferred on the Vice Chancellor expressly to deal
with matters, which are regulated by Statutes, Ordinances or
regulations vide Sub Section (8) where no Statutes, Ordinances or
Regulations are made in that behalf. Here is a case where there is no
absence of an Ordinance but the existing Ordinance does not include
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8
and regulate the course in question. It is not disputed that the entire
subject matter of granting permission to introduce a new course and
laying down the scheme for examination is a matter governed by
Ordinances, for which specific power has been conferred on the
bodies referred to earlier in the regular course. In the circumstances,
we are of the view that the matter of introduction of new course and
the scheme of its examination being a matter within the perview of
the Ordinance making power of various bodies of the University is a
matter, which can be dealt with by Vice Chancellor in exercise of his
powers under Sub Section (8) of Section 14 of the Act.
5. In the circumstances, we hold that the Vice Chancellor
has the necessary powers to act under Sub Section (8) of Section 14
of the Act in the matter of introducing a new course by approving a
syllabus of new course and scheme of examination, particularly in this
case since the syllabus has already been approved by the Board of
Studies on 27.07.2010. We make it clear that our finding is not
intended to operate as a direction to the Vice Chancellor to
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9
mandatorily exercise his powers in the present case but that the Vice
Chancellor is free to exercise the powers in case, he considers it
necessary as contemplated by law.
6. At this juncture, it would be appropriate to consider a
contention raised by Shri Bhangde, learned counsel for the petitioner,
that Section 14 (7) and (8) confer on the Vice Chancellor a power
coupled with a duty to exercise it. The submission cannot be
accepted. The provisions empower a Vice Chancellor to deal with an
emergency. He must decide both, whether there is an emergency and
whether he should take action. In fact, the section confers the power
to act where there are reasonable grounds to believe that there is an
emergency which requires immediate action to be taken. The
provisions confer a power to be exercised with due care and
circumspection. There is a wide latitude conferred on the Vice
Chancellor. He may or may not reach the conclusion that there is an
emergency or that he should take action in his best judgment. In The
Official Liquidator ..vs.. Dharti Dhan (P) Ltd.; AIR 1977 Supreme
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10
Court 740, the Supreme Court observed as follows:
“If the conditions in which the power is to be exercised in
particular cases are also specified by a statute then, on the
fulfillment of those conditions, the power conferred becomes
annexed with a duty to exercise it in that manner...”
Section 14 (7) and (8) do not specify that when certain
conditions exist in a particular case, the Vice Chancellor must treat it
as an emergency and take particular action. Nor do the provisions
indicate that power is invested in aid of enforcement of a right public
or private of a citizen vide L. Hirday Narain ..vs.. IncomeTax
Officer, Bareilly, AIR 1971 Supreme Court 33. Section 14 (7) and
(8) of the Act, therefore, do not confer on the Vice Chancellor a
power coupled with a duty to exercise it.
With these observations, the writ petition is dismissed.
Rule accordingly. No order as to costs.
JUDGE JUDGE
kahale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 4839/2010
1. Shri Ramdeobaba Sarvajanik Samiti,
a Society registered under Societies
Registration Act, 1860, Tekdi Road,
Gittikhadan, Katol Raod, Nagpur through
its Secretary Shri Govindlal Agrawal,
r/o 80, Kotwal Nagar, Ring Road, Nagpur.
2. Shri Ramdeobaba Kamla Nehru
Engineering College, through its Principal
Shri Dr. V. S. Deshpande r/o 120, Telecom
Nagar, Nagpur22. .....PETITIONERS
...V E R S U S...
1. The Rashtrasant Tukdoji Maharaj
Nagpur University Nagpur, thr. its Registrar
2. The Hon’ble Vice Chancellor,
Rashtrasant Tukdoji Maharaj Nagpur
University,Nagpur. ....RESPONDENTS
Mr. M. G. Bhangde, Senior Advocate for petitioners.
Mr. B. G. Kulkarni, Advocate for respondents.
CORAM: S. A. BOBDE &
MRS. MRIDULA BHATKAR, JJ.
DATE : OCTOBER 7 , 2010
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2
ORAL JUDGMENT (Per: S. A. Bobde, J.)
1. Rule. Rule returnable forthwith. Heard finally by
consent of the parties.
2. The petitioners have approached this Court for direction
to respondent no.2Vice Chancellor, Rashtrasant Tukdoji Maharaj
Nagpur University, Nagpur, to exercise the emergency powers under
Section 14 (7) and (8) of the Maharashtra Universities Act, 1994
(hereinafter referred to as the “Act”) and grant approval to the
syllabus for the course of M. Tech (Power Electronics and Power
Systems) in Electrical Engineering and further First Time Affiliation for
academic year 201011. The petitioner is a reputed college of
Engineering affiliated to the Nagpur University. There is no course of
M. Tech. (Power Electronics and Power Systems) in Electrical
Engineering in the Nagpur University. The petitioner, therefore, made
a proposal to the Nagpur University for the introduction of the
Course. However, it seems that the proposal could not go through the
entire procedure contemplated by the Act for its commencement and
::: Downloaded on - 02/06/2024 03:03:40 :::
3
has only gone past the Board of Studies under Section 38 of the Act
and not beyond. Thus, the Board of Studies for the University has
approved the syllabus in the said course. After approval by the Board
of Studies, in ordinary course, the proposal along with the syllabus
would have gone to the Faculty, Engineering and Technology under
Section 34 of the Act and, thereafter, to the Academic Council under
Section 30 of the Act. Thereafter, it would have been placed before
the Management Council. However, admittedly, these last three
stages could not be completed because of cessation of the term of
those bodies under the provisions of the Act. The bodies are not yet
constituted and we are informed that they would be constituted only
by the end of December2010.
3. Mr. Bhangde, the learned counsel for the petitioners,
submitted that in these circumstances, it was incumbent on the Vice
Chancellor to exercise powers under Section 14 (7) and (8) of the
Act. According to the learned counsel, there is, in fact, an emergency
in the sense that the newly proposed course, ought to have
::: Downloaded on - 02/06/2024 03:03:40 :::
4
commenced in July but it could not because the term of the bodies,
which were to approve the syllabus for commencing of the course,
came to an end. Section 14 (7) and (8) of the Act read as follows:
“ 14. Powers and Duties of ViceChancellor.
(1) .....
(2) .....
(3) .....
(4) .....
(6) .....
(7) If there are reasonable grounds for the viceChancellor
to believe that there is an emergency which requires
immediate action to be taken, he shall take such action, as
he thinks necessary, and shall at the earliest opportunity,
report in writing the grounds for his belief that there was an
emergency, and the action taken by him, to such authority
or body as would, in the ordinary course, have dealt with
the matter. In the event of a difference arising between the
ViceChancellor and authority or body whether there was in
fact an emergency, or on the action taken (where such
action does not affect any person in the service of the
University), or on both, the matter shall be referred to the
Chancellor whose decision shall be final:
Provided that, where any such action taken by the Vice
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5
Chancellor affects any person in the service of the university,
such person shall be entitled to prefer, within thirty days
from the date on which he receives notice of such action,
appeal to the management Council.
(8) Where any matter is required to be regulated by the
Statutes, Ordinances or Regulations, but no Statutes,
Ordinances or Regulations are made in that behalf the Vice
Chancellor may, for the time being, regulate matter by
issuing such directions as he thinks necessary, and shall, at
the earliest opportunity thereafter, place them before the
Managements Council or other authority or body concerned
for approval. He may, at the same time, place before such
authority or body for consideration the draft of the Statutes,
Ordinances or Regulations, as the case may be, required to
be made in that behalf.”
The above provisions clearly confer on the Vice
Chancellor, powers to take action in an emergency. Whether an
emergency exists or not is a matter to be decided by Vice Chancellor
alone or by the Chancellor, in case of a difference on that issue
between him and a body. In normal circumstances, the
commencement of one course in one college may not have been
considered to be an emergency but the Vice Chancellor has himself in
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6
exercise of powers conferred by Section 14 (7) and (8) granted First
Time Affiliation of same course to the petitioner College itself and we
are told to other colleges also. Thus, it appears that the circumstance
of commencing of a course has been considered to be emergency for
the Vice Chancellor. Indeed, it is not the contention on behalf of the
Vice Chancellor before us that there is no emergency, therefore, he
has declined to exercise powers to approve the syllabus for the course
in question.
4. Mr. Kulkarni, the learned counsel for the Vice
Chancellor, submitted that the only reason why Vice Chancellor has
not exercised powers under Section 14 (7) and (8) of the Act, to
consider whether the approval should be granted for commencement
of the new course in M. Tech (Power Electronics and Power Systems)
in Electrical Engineering, is not that there is no emergency but grant
of such approval for a new course requires amendment of Ordinance
and that he has no power to amend an Ordinance. According to the
learned counsel, Ordinance 9, which is styled as “An ordinance to
::: Downloaded on - 02/06/2024 03:03:40 :::
7
provide for the examination leading to the degree of Master of
Technology (Full Time) in the faculty of Engineering and Technology” ,
contains a list of courses, which a college may offer to the students for
a degree in M. Tech. That list in Ordinance 9 does not have the
subject in question, which is a totally new course. It will, therefore,
be necessary to amend the Ordinance to introduce this Course.
According to the learned counsel, a scheme of examination for this
course is also not in existence and such a scheme can only be
approved and finalised by same procedure referred to earlier. The
learned counsel contended that since the Vice Chancellor is of the
view that dealing with the matter is governed by the Act and since it
involves the amendment of Ordinance, he has not exercised the said
powers. We find from a plain reading of sub sections (7) and (8) that
power has been conferred on the Vice Chancellor expressly to deal
with matters, which are regulated by Statutes, Ordinances or
regulations vide Sub Section (8) where no Statutes, Ordinances or
Regulations are made in that behalf. Here is a case where there is no
absence of an Ordinance but the existing Ordinance does not include
::: Downloaded on - 02/06/2024 03:03:40 :::
8
and regulate the course in question. It is not disputed that the entire
subject matter of granting permission to introduce a new course and
laying down the scheme for examination is a matter governed by
Ordinances, for which specific power has been conferred on the
bodies referred to earlier in the regular course. In the circumstances,
we are of the view that the matter of introduction of new course and
the scheme of its examination being a matter within the perview of
the Ordinance making power of various bodies of the University is a
matter, which can be dealt with by Vice Chancellor in exercise of his
powers under Sub Section (8) of Section 14 of the Act.
5. In the circumstances, we hold that the Vice Chancellor
has the necessary powers to act under Sub Section (8) of Section 14
of the Act in the matter of introducing a new course by approving a
syllabus of new course and scheme of examination, particularly in this
case since the syllabus has already been approved by the Board of
Studies on 27.07.2010. We make it clear that our finding is not
intended to operate as a direction to the Vice Chancellor to
::: Downloaded on - 02/06/2024 03:03:40 :::
9
mandatorily exercise his powers in the present case but that the Vice
Chancellor is free to exercise the powers in case, he considers it
necessary as contemplated by law.
6. At this juncture, it would be appropriate to consider a
contention raised by Shri Bhangde, learned counsel for the petitioner,
that Section 14 (7) and (8) confer on the Vice Chancellor a power
coupled with a duty to exercise it. The submission cannot be
accepted. The provisions empower a Vice Chancellor to deal with an
emergency. He must decide both, whether there is an emergency and
whether he should take action. In fact, the section confers the power
to act where there are reasonable grounds to believe that there is an
emergency which requires immediate action to be taken. The
provisions confer a power to be exercised with due care and
circumspection. There is a wide latitude conferred on the Vice
Chancellor. He may or may not reach the conclusion that there is an
emergency or that he should take action in his best judgment. In The
Official Liquidator ..vs.. Dharti Dhan (P) Ltd.; AIR 1977 Supreme
::: Downloaded on - 02/06/2024 03:03:40 :::
10
Court 740, the Supreme Court observed as follows:
“If the conditions in which the power is to be exercised in
particular cases are also specified by a statute then, on the
fulfillment of those conditions, the power conferred becomes
annexed with a duty to exercise it in that manner...”
Section 14 (7) and (8) do not specify that when certain
conditions exist in a particular case, the Vice Chancellor must treat it
as an emergency and take particular action. Nor do the provisions
indicate that power is invested in aid of enforcement of a right public
or private of a citizen vide L. Hirday Narain ..vs.. IncomeTax
Officer, Bareilly, AIR 1971 Supreme Court 33. Section 14 (7) and
(8) of the Act, therefore, do not confer on the Vice Chancellor a
power coupled with a duty to exercise it.
With these observations, the writ petition is dismissed.
Rule accordingly. No order as to costs.
JUDGE JUDGE
kahale
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