PRINCIPAL, R.R.EDUCATIONAL TRUSTS COLLEGE OF EDUCATION AND RESEARCH B.ED.COLLEGE Vs. REGISTRAR, UNIVERSITY OF MUMBAI

JUDGEMENT

(1.) Rule. Returnable forthwith. By consent of the parties taken up for final hearing.

(2.) The petitioner an educational institution which is conducting a Bachelors in Eduction course (for short "B.Ed.") has filed the present petition under Article 226 of the Constitution interalia praying for writ of mandamus against the Respondent University of Mumbai (for short 'University') to quash and set aside the decision of the University to impose a fine/penalty on the Petitioner institution of Rs. 5,40,000/- and the coercive steps being taken against the Petitioner for recovery of the same. This decision of the University is contained in the communication dated 3.12.2007, 5.12.2012 and 7.2.2013 of the University as challenged in prayer clause (a) of the writ petition. This penalty/ fine is imposed by the University on the petitioner as a condition for issuing provisional eligibility certificates in favour of 54 students admitted by the petitioner to the B.Ed. Course for the academic year 2007-08 on the ground that the application for issuance of provisional eligibility certificates in respect of these students was submitted by the Petitioner after the prescribed date. It is the petitioner's case that on account of non payment of this amount by the Petitioner, the University is not issuing mark-sheets of the students who have appeared for B.Ed. Examination. The University has quantified the said amount at the rate of Rs.10,000/- per student and that is how has arrived at a penalty of Rs.5,40,000/- in respect of 54 students admitted by the petitioner for the academic year 2007-08. The facts in nutshell are:-

(3.) The petitioner is an unaided B.Ed. College recognized by the National Council for Teachers' Education and is affiliated to the Respondent University conducting the B.Ed. Course since the year 2004.