PEOPLES EDUCATION SOCIETY Vs. K.SUDHAKAR REDDY

JUDGEMENT

(1.) By the present Writ Petition filed under Articles 226 and 227 of the Constitution of India, the challenge is to the legality and validity of the Order dtd. 10/1/2023 passed by the learned Presiding Officer, Mumbai University and College Tribunal in Appeal No. 13 of 2022. In the said Appeal No. 13 of 2022 filed under Sec. 81 of the Maharashtra Public Universities Act, 2016, the challenge by the present Respondent No. 1 was to the Order dtd. 31/10/2020, whereby Respondent No. 1 has been compulsorily retired by the Petitioner. The learned Tribunal by the said Order dtd. 10/1/2023 set aside the impugned enquiry and the order of direction i. e. compulsory retirement and directed the present Petitioner and Respondent No. 7 - Siddharth College of Law to reinstate Respondent No. 1 to the post of Associate professor held by him with continuity in service (except for increment) with no back wages. The operative part of the Order dtd. 10/1/2023 passed by the learned Presiding Officer, Mumbai University and College Tribunal ("learned Tribunal") in Appeal No. 13 of 2022 reads as under :

(2.) It is the submission of Mr. Khandeparkar, learned Senior Counsel for the Petitioner that Mr. Anandraj Ambedkar is the Chairman of the Petitioner - Trust. Said Mr. Anandraj Ambedkar is the Member and Chairman of the Petitioner - Trust. He submitted that the impugned Order has been passed by the learned Tribunal on the ground of legitimacy and legality of the appointment of Mr. Anandraj Ambedkar to act as Chairman of the Petitioner - Trust. He submitted that Mr. Anandraj Ambedkar was inducted as a Member of the Governing Body and as a Chairman on 29/6/2012 by four Governing Body members namely Mr. V. M. Pradhan, Dr. D. G. Deshkar, Dr. M. P. Mangudkar and Professor Mr. S. L.Bhagwat. Immediately, Change Report Nos. 2860 and 2861 of 2013 have been filed and the same are still pending before the learned Charity Commissioner. He submits that there are four factions who claim to be the legitimate and legal Governing Body of the Petitioner-Trust and the Chairman of the Petitioner - Trust led by Mr. Anandraj Ambedkar, Mr. Ramdas Athawale, Professor - Mr. Bhalchandra Mungekar (Respondent No.2) and Mr. S. P. Gaikwad respectively. He submitted that the Respondents have raised the contention that the Members, who inducted Mr. Anandraj Ambedkar as the Member and the Chairman of the Petitioner -Trust, their appointment itself was not legal and proper, as the Change Reports as regards them have been rejected by the learned Charity Commissioner. In this behalf, he submitted that Change Reports of the said persons were rejected by Order dtd. 10/9/2012 passed by the learned Deputy Charity Commissioner in Change Report No. CC/3/2013. He submitted that however, before the said order was passed by the learned Dy. Charity Commissioner, Mr. Anandraj Ambedkar was already inducted on 29/6/2012 as Member and Chairman of the Petitioner - Trust. He submitted that Mr. Anandraj Ambedkar has been appointed and inducted on 29/6/2012 and Change Reports of the said persons were rejected after about two months. He submitted that therefore, at the time of induction of Mr. Anandraj Ambedkar as the Chairman, the said persons were the legal members and trustees of the governing body of the Petitioner - Trust. He submitted that the said persons had challenged the said Order passed by the learned Deputy Charity Commissioner in Appeal No. CC/3/2013 before the learned Additional Charity Commissioner. The said Appeal was rejected by Order dtd. 12/5/2023 and the surviving trustee - Dr. D. G. Deshkar filed the Second Appeal bearing (ST) No. 25487 of 2023 which is still pending before this Court. He submitted that in any case, the said Change Report was rejected by Order dtd. 10/9/2012 and Mr. Anandraj Ambedkar was appointed and inducted in the governing body meeting held on 29/6/2012 and accordingly, Change Report has been filed on 22/6/2013 which is still pending before the learned Charity Commissioner. He submitted that Mr. Anandraj Ambedkar in his capacity as Chairman of the Petitioner - Trust has initiated inquiry against Respondent No. 1 as per the directions issued by the University of Mumbai by letter dtd. 15/11/2019. He pointed out compilation of documents which has been filed on behalf of the Petitioner - Trust to substantiate his contention that said Mr. Anandraj Ambedkar since his appointment as Chairman of the Petitioner -Trust is acting in the said capacity. He pointed out voluminous documents from page Nos. 71 to 162 annexed to the compilation of documents. He pointed out documents addressed by the various authorities to show that Anandraj Ambedkar is acting as Chairman of the said trust since his appointment i. e. since 29/6/2012. He pointed out the Resolution of the Managing Council dtd. 6/10/2018. He submitted that the University, the State Government and other public authorities have from time to time addressed letters and notices to Mr. Anandraj Ambedkar addressing him as the Chairman of the trust. He submitted that University of Mumbai appointed a Fact Finding Committee which indicted Respondent No. 1 on several counts particularly for collecting excess capitation fee from the students and gross misappropriation of funds by the Report dtd. 15/11/2019. He submitted that the University of Mumbai has levied hefty penalty and fine on the Petitioner - Trust. He submitted that Respondent No. 1 till date has not challenged the findings recorded by the Fact Finding Committee of the University of Mumbai. He pointed out the observations on page Nos. 53 and 54 of the impugned Order and submitted that even the learned Tribunal has also found the allegations against Respondent No. 1 are very serious. He, therefore, submitted that learned Tribunal has committed serious error in passing the impugned Order. He submitted that the observations of the learned Tribunal concerning Mr. Sanjeev Boudhankar who was a member of the governing body at the time of enquiry and he acted as Judge in his own cause are incorrect. He submitted that said Sanjeev Boudhankar was inducted as a member of the Governing Body on 2/1/2021 and the Change Report in that behalf has been filed on 15/3/2021 and the enquiry has taken place in the year 2019 and therefore, the observations of the learned Tribunal in paragraph No. 51 of the impugned Order are not correct. He submitted that Mr. Anandraj Ambedkar as Chairman of the Petitioner - Trust initiated action against one Professor Mr. Krishna Patil for taking excess fees from the students and the said professor was suspended by Mr. Anandraj Ambedkar. The action taken by Mr. Anandraj Ambedkar in his capacity as Chairman of the Petitioner - Trust has been upheld up to the Supreme Court.

(3.) Mr. Khandeparkar, learned Senior Counsel relied on the following Judgments of this Court and the Supreme Court: