VIDYA PRASARAK MANDAL Vs. UNIVERSITY OF MUMBAI

JUDGEMENT

(1.) The petitioner is a public trust registered under the Bombay Public Trust Act. According to the petitioner, it has started Arts, Commerce and Science college which was run as one composite institution which was affiliated to Pune University. On 21.12.1976 the College was bifurcated into two independent colleges and both the colleges were affiliated to the Bombay University because the territory of the Bombay University was extended to Thane. The two colleges were called (i) K.G.Joshi College of Arts and N.G.Bedekar College of Commerce and (ii) B.N.Bandodkar College of Science. Apart from the aforesaid two colleges, the petitioner institution is running three more colleges viz. (i) T.M.C.Law college, (ii) V.P.M.'s polytechnic and (iii) Institute of Management Studies. According to the petitioner, all the five faculties are managed independently, administratively and financially and they are separate and distinct entities. According to the petitioner, one Mr.S.W.Gokhale was appointed as Principal of the Arts and Commerce College in the year 1994. On 1.9.2000 Mr.S.W.Gokhale retired as Principal. A proposal was submitted by the petitioner to reappoint Mr.S.W.Gokhale as Principal after his superannuation. In response to that proposal which was submitted to the Bombay University, the University informed the Chairman of the petitioner that the post of Principal of the Arts and Commerce College has been identified as post reserved for backward class and that the petitioner should take steps to make appointment of Principal on regular basis obviously from the reserved category.

(2.) The learned Counsel appearing for petitioner submits that because of the provisions of Section 7 of the Maharashtra Universities Act,1994 an obligation is cast on the Universities to adopt Government policy and orders issued from time to time in regard to the reservation for schedule caste and schedule tribes and other backward classes for appointment to different posts of teachers and nonteaching officers and employees. It is submitted that so far as the appointment to the post of Principal of affiliated college is concerned, provision is made under Section 79(3) of the Act which lays down that the selection committee and mode of appointment of Principals, teachers and other employees of affiliated colleges shall be such as may be prescribed. It is submitted that the University has framed statute 413 laying down the manner and mode of selection and appointment of Principal in college. The statue does not provide either for reservation of the post of Principal or clubbing of posts of Principal where more than one college is run by one institution. It is submitted that even the circular issued by the University in relation to the reservation of the post for schedule caste and schedule tribe does not provide for reservation of the post of Principal. It is submitted that the circular dated 15.3.1999 on the basis of which the University is seeking to reserve the post of Principal is contrary to the Maharashtra Government Rules of Business and instructions issued thereunder. Reliance is placed on Rule 9 and it is contended that the directions could have been issued by the State Government only after taking approval of Council of Ministers and as the circular is issued by the Director of Education, Higher Education, it is invalid. The learned Counsel appearing for University relied on the Government Resolution dated 23.3.1994 and the 100 point roaster as also the circulars issued by the University.

(3.) Now first the question that is to be considered is whether there is any valid instrument obliging the petitioner to reserve the post of Principal for backward classes. So far as the Bombay University Act, 1974 is concerned, there was a provision made in that Act by inserting section 77C which was done by the Maharashtra Act no.32 of 1978 which provided that the University shall make the necessary statutes for reservation of adequate numbers of posts for members of scheduled caste and scheduled tribes in the affiliated colleges. This reservation was to be made in teaching and nonteaching posts consistently with the maintenance of teaching standards and efficiency of administration.