Basic Infrastructural Facilities Must To Maintain Academic Standards: Bombay HC Upholds Marathwada University's Decision To Withdraw Affiliation
The Bombay High Court, Aurangabad Bench has upheld the decision of Dr. Babasaheb Ambedkar Marathwada University to withdraw the affiliation of Shri Tulja Bhavani Arts and Science College saying that the basic infrastructural facilities are a must to maintain academic standards.
The Court was dealing with a case wherein the petitioner, an educational institution registered under the provisions of the Maharashtra Public Trust Act, 1950 challenged the communication addressed by the respondent University withdrawing affiliation of the college run by it from the academic year 2022-2023. Additionally, the petitioner sought directions to restore the affiliation and to permit to run the college.
A Division Bench of Justice Mangesh S. Patil and Justice Shailesh P. Brahme held, “The disputes in the management are a common feature now a days. But that by itself may not affect the college. Basic infrastructural facilities are must to maintain academic standards. The present case reflects serious lapses having large magnitude which are found to be sufficient to disqualify the petitioner from running the college. We find justification for the respondent No. 2/university in taking drastic action of withdrawal of affiliation.”
The Bench did not find any infirmity in the procedure followed by the respondent university.
Senior Advocate V.D. Sapkal appeared for the petitioner while Addl. G.P. S.B. Yawalkar and Advocate S.S. Thombre appeared for the respondents.
Factual Background -
It was the case of the petitioner that it ran Shri Tulja Bhavani Arts and Science College, Aurangabad on a permanent non grant basis since 2009 and the respondent/university extended affiliation to the college since 2009. The affiliation committee of the university inspected the college every year and after being satisfied with the infrastructural facilities, the renewal used to be given by the university. The renewal continued up to the year 2019-2020. The petitioner trust was governed by the newly elected managing committee for the period 2020-2025.
A change report to that effect was sub-judice before the competent authority under the said Act of 1950 and there was a dispute between two groups of the management. The rival group of the petitioner comprising six members had resigned from the membership and at their instance, nuisance and hurdles were being created in the smooth functioning of the college. Bank account was also closed due to their complaint and the login ID and password of the college was secured by the rival group, which led to the police complaint.
The High Court in the above context said, “Having considered the submissions canvassed by the respective parties, a short question falls for our consideration regarding validity of the action taken by the respondent No. 2/University for withdrawal of the affiliation of the college U/Sec. 120 of the Universities Act.”
The Court observed that the statutory procedure contemplated by Section 120 of the Universities Act has been followed by the university.
“The impugned decision appears to have been taken in the interest of the students. The expert committee found serious deficiencies in the infrastructural facilities”, noted the Court.
The Court said that the university has taken due care of examining the conducive atmosphere in the concerned college which would be always very solemn and hence, the decision-making process cannot be faulted with.
“The learned senior counsel for the petitioner is unable to persuade us to show violation of mandatory and statutory procedure. We do not find any merit in the submissions that due to disputes in the management the impugned action was prompted or adequate facilities were overlooked while arriving at impugned decision”, held the Court.
Accordingly, the High Court dismissed the writ petition.
Cause Title- Nisargadeep Shikshan Prasarak Mandal v. The State of Maharashtra & Anr.
