GOVERNING BODY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has established a college by the name of Akal Degree College For Women, Sangrur. Presently, the said college offers degree courses of Bachelor of Arts, Bachelor of Commerce, Bachelor of Computer Applications and Master of Sciences (Information Technology). It also offers the Bachelor of Vocational Studies Course and Post Graduate Diploma in Computer applications. On account of reduction in student strength and resultant financial stress, resolution dtd. 27/1/2020 was passed stating that running of Arts classes may not be possible and that significant decisions need to be taken for the future. Consequently, communication dtd. 20/2/2020 was addressed to the Vice Chancellor, Punjabi University, requesting that the petitioner be permitted to discontinue the Bachelor of Arts course (B.A. course) w.e.f. academic session 2020-21. It was also mentioned that the students currently studying in the 2nd and 3rd year of the said course, would be permitted to complete the same. The University responded vide letter dtd. 5/3/2020 demanding (a) submission of an affidavit duly attested by a Magistrate of the First Class, stating that all University dues stood cleared and that any disputes would be resolved by the Management and (b) a No Dues Certificate from the different branches of the University. The Chairman of the petitioner submitted his affidavit dtd. 17/3/2020 in accordance with the demand alongwith an undertaking of a Director of the college that studies of existing batches will not be hampered in any manner. For two months there was no further communication from the University. On 27/5/2020, a letter was sent to the Principal of the college that the B.A. course being an aided course, approval of D.P.I (Colleges), Punjab, was necessary before the same could be discontinued. Accordingly, the Chairman of the petitioner sent an application dtd. 12/6/2020 to the D.P.I (Colleges), Punjab, reiterating the request made to the Punjabi University (hereinafter referred to as the 'University'). The D.P.I (Colleges) responded vide letter dtd. 16/6/2020 seeking certain information. Further, information was sought vide communication dtd. 18/6/2020 and a direction was also issued that till permission to discontinue the course was granted, process of admission be carried on efficiently. Vide letter dtd. 30/6/2020, further directions were issued to run all regular courses as usual and in case, the management sought conversion of the college to a private college, grants-in-aid received till date be reimbursed. Meanwhile, an enquiry was commenced regarding the affairs of the college as allegedly, complaints of mis-management, mis-appropriation and diversion of funds were received. Vide order dtd. 6/7/2020, the D.P.I (Colleges), Punjab suspended the Managing Committee and appointed the Additional Deputy Commissioner (General), Sangrur as the Administrator. This action has led to the filing of the writ petition on the grounds; (a) the Government has no role to play in the matter of discontinuance of a course and (b) the order dtd. 6/7/2020 suspending the management and appointing an Administrator is without jurisdiction.

(2.) In its written statement, the State has pleaded that the claim of the petitioner that it seeks to discontinue the B.A course on account of reducing student strength and losses being suffered is misleading as student strength in other courses too is reducing. The strength in the B.A course in the year 2019 is more than the minimum strength required by the University calendar. Interests of the students would also be adversely affected. Interference in the matter of discontinuance of a course is sought to be justified in public interest as also because it would result in retrenchment of staff. Jurisdiction to suspend the management is claimed in terms of Punjab Affiliated Colleges (Security of Service of Employees) Act, 1974 (hereinafter referred to as the 'Act'). In this respect, it is submitted that vide order dtd. 18/6/2020, the petitioner had been directed not to discontinue the course, till the time a decision was taken by the department. However, in gross violation thereof, news items were published that no further admissions will be made. Thus, the orders of the Government have been defied and the same entitles it to suspend the management.

(3.) The respondent-University as well as the private respondents contest the writ petition broadly on grounds similar to those of the State.