Bombay High Court High Court

Shri Ramdeobaba Sarvajanik … vs Unknown on 7 October, 2010

Bombay High Court
Shri Ramdeobaba Sarvajanik … vs Unknown on 7 October, 2010
Bench: S.A. Bobde, Mridula Bhatkar
                                                   1

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH AT NAGPUR




                                                                                              
                            WRIT PETITION NO. 4839/2010




                                                                      
    1.    Shri Ramdeobaba Sarvajanik Samiti,
          a Society registered under Societies
          Registration Act, 1860, Tekdi Road,




                                                                     
          Gittikhadan, Katol Raod, Nagpur through
          its Secretary Shri Govindlal Agrawal,
          r/o 80, Kotwal Nagar, Ring Road, Nagpur.




                                                       
    2.    Shri Ramdeobaba Kamla Nehru 
          Engineering College, through its Principal
                                     
          Shri Dr. V. S. Deshpande r/o 120, Telecom
          Nagar, Nagpur-22.                                              .....PETITIONERS
                                    
                               ...V E R S U S...

    1.    The Rashtrasant Tukdoji Maharaj
          Nagpur University Nagpur, thr. its Registrar
            
         



    2.    The Hon'ble Vice Chancellor,
          Rashtrasant Tukdoji Maharaj Nagpur
          University,Nagpur.                           ....RESPONDENTS





    ------------------------------------------------------------------------------------------------
    Mr. M. G. Bhangde, Senior Advocate for petitioners.
    Mr. B. G. Kulkarni, Advocate for respondents.
    ------------------------------------------------------------------------------------------------





                                CORAM:- S. A. BOBDE &
                                            MRS. MRIDULA BHATKAR, JJ.
                                DATE    :-
                                            
                                            OCTOBER 7
                                                      , 2010
                                                            




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    ORAL JUDGMENT (Per:- S. A. Bobde, J.)




                                                                                      
    1.              Rule.     Rule   returnable   forthwith.     Heard   finally   by 




                                                              
    consent of the parties.




                                                             

2. The petitioners have approached this Court for direction

to respondent no.2-Vice Chancellor, Rashtrasant Tukdoji Maharaj

Nagpur University, Nagpur, to exercise the emergency powers under

Section 14 (7) and (8) of the Maharashtra Universities Act, 1994

(hereinafter referred to as the “Act”) and grant approval to the

syllabus for the course of M. Tech (Power Electronics and Power

Systems) in Electrical Engineering and further First Time Affiliation for

academic year 2010-11. The petitioner is a reputed college of

Engineering affiliated to the Nagpur University. There is no course of

M. Tech. (Power Electronics and Power Systems) in Electrical

Engineering in the Nagpur University. The petitioner, therefore, made

a proposal to the Nagpur University for the introduction of the

Course. However, it seems that the proposal could not go through the

entire procedure contemplated by the Act for its commencement and

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has only gone past the Board of Studies under Section 38 of the Act

and not beyond. Thus, the Board of Studies for the University has

approved the syllabus in the said course. After approval by the Board

of Studies, in ordinary course, the proposal along with the syllabus

would have gone to the Faculty, Engineering and Technology under

Section 34 of the Act and, thereafter, to the Academic Council under

Section 30 of the Act. Thereafter, it would have been placed before

the Management Council. However, admittedly, these last three

stages could not be completed because of cessation of the term of

those bodies under the provisions of the Act. The bodies are not yet

constituted and we are informed that they would be constituted only

by the end of December-2010.

3. Mr. Bhangde, the learned counsel for the petitioners,

submitted that in these circumstances, it was incumbent on the Vice

Chancellor to exercise powers under Section 14 (7) and (8) of the

Act. According to the learned counsel, there is, in fact, an emergency

in the sense that the newly proposed course, ought to have

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commenced in July but it could not because the term of the bodies,

which were to approve the syllabus for commencing of the course,

came to an end. Section 14 (7) and (8) of the Act read as follows:-

“14. Powers and Duties of Vice-Chancellor.

(1) …..

(2) …..

(3) …..

(4) …..

(6) …..

(7) If there are reasonable grounds for the vice-Chancellor

to believe that there is an emergency which requires
immediate action to be taken, he shall take such action, as
he thinks necessary, and shall at the earliest opportunity,

report in writing the grounds for his belief that there was an

emergency, and the action taken by him, to such authority
or body as would, in the ordinary course, have dealt with

the matter. In the event of a difference arising between the
Vice-Chancellor and authority or body whether there was in
fact an emergency, or on the action taken (where such

action does not affect any person in the service of the
University), or on both, the matter shall be referred to the
Chancellor whose decision shall be final:

Provided that, where any such action taken by the Vice

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Chancellor affects any person in the service of the university,

such person shall be entitled to prefer, within thirty days
from the date on which he receives notice of such action,

appeal to the management Council.

(8) Where any matter is required to be regulated by the

Statutes, Ordinances or Regulations, but no Statutes,
Ordinances or Regulations are made in that behalf the Vice-
Chancellor may, for the time being, regulate matter by

issuing such directions as he thinks necessary, and shall, at

the earliest opportunity thereafter, place them before the
Managements Council or other authority or body concerned

for approval. He may, at the same time, place before such
authority or body for consideration the draft of the Statutes,
Ordinances or Regulations, as the case may be, required to

be made in that behalf.”

The above provisions clearly confer on the Vice

Chancellor, powers to take action in an emergency. Whether an

emergency exists or not is a matter to be decided by Vice Chancellor

alone or by the Chancellor, in case of a difference on that issue

between him and a body. In normal circumstances, the

commencement of one course in one college may not have been

considered to be an emergency but the Vice Chancellor has himself in

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exercise of powers conferred by Section 14 (7) and (8) granted First

Time Affiliation of same course to the petitioner College itself and we

are told to other colleges also. Thus, it appears that the circumstance

of commencing of a course has been considered to be emergency for

the Vice Chancellor. Indeed, it is not the contention on behalf of the

Vice Chancellor before us that there is no emergency, therefore, he

has declined to exercise powers to approve the syllabus for the course

in question.

4. Mr. Kulkarni, the learned counsel for the Vice

Chancellor, submitted that the only reason why Vice Chancellor has

not exercised powers under Section 14 (7) and (8) of the Act, to

consider whether the approval should be granted for commencement

of the new course in M. Tech (Power Electronics and Power Systems)

in Electrical Engineering, is not that there is no emergency but grant

of such approval for a new course requires amendment of Ordinance

and that he has no power to amend an Ordinance. According to the

learned counsel, Ordinance 9, which is styled as “An ordinance to

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provide for the examination leading to the degree of Master of

Technology (Full Time) in the faculty of Engineering and Technology”,

contains a list of courses, which a college may offer to the students for

a degree in M. Tech. That list in Ordinance 9 does not have the

subject in question, which is a totally new course. It will, therefore,

be necessary to amend the Ordinance to introduce this Course.

According to the learned counsel, a scheme of examination for this

course is also not in existence and such a scheme can only be

approved and finalised by same procedure referred to earlier. The

learned counsel contended that since the Vice Chancellor is of the

view that dealing with the matter is governed by the Act and since it

involves the amendment of Ordinance, he has not exercised the said

powers. We find from a plain reading of sub sections (7) and (8) that

power has been conferred on the Vice Chancellor expressly to deal

with matters, which are regulated by Statutes, Ordinances or

regulations vide Sub Section (8) where no Statutes, Ordinances or

Regulations are made in that behalf. Here is a case where there is no

absence of an Ordinance but the existing Ordinance does not include

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and regulate the course in question. It is not disputed that the entire

subject matter of granting permission to introduce a new course and

laying down the scheme for examination is a matter governed by

Ordinances, for which specific power has been conferred on the

bodies referred to earlier in the regular course. In the circumstances,

we are of the view that the matter of introduction of new course and

the scheme of its examination being a matter within the perview of

the Ordinance making power of various bodies of the University is a

matter, which can be dealt with by Vice Chancellor in exercise of his

powers under Sub Section (8) of Section 14 of the Act.

5. In the circumstances, we hold that the Vice Chancellor

has the necessary powers to act under Sub Section (8) of Section 14

of the Act in the matter of introducing a new course by approving a

syllabus of new course and scheme of examination, particularly in this

case since the syllabus has already been approved by the Board of

Studies on 27.07.2010. We make it clear that our finding is not

intended to operate as a direction to the Vice Chancellor to

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mandatorily exercise his powers in the present case but that the Vice

Chancellor is free to exercise the powers in case, he considers it

necessary as contemplated by law.

6. At this juncture, it would be appropriate to consider a

contention raised by Shri Bhangde, learned counsel for the petitioner,

that Section 14 (7) and (8) confer on the Vice Chancellor a power

coupled with a duty to exercise it. The submission cannot be

accepted. The provisions empower a Vice Chancellor to deal with an

emergency. He must decide both, whether there is an emergency and

whether he should take action. In fact, the section confers the power

to act where there are reasonable grounds to believe that there is an

emergency which requires immediate action to be taken. The

provisions confer a power to be exercised with due care and

circumspection. There is a wide latitude conferred on the Vice-

Chancellor. He may or may not reach the conclusion that there is an

emergency or that he should take action in his best judgment. In The

Official Liquidator ..vs.. Dharti Dhan (P) Ltd.; AIR 1977 Supreme

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Court 740, the Supreme Court observed as follows:-

“If the conditions in which the power is to be exercised in
particular cases are also specified by a statute then, on the

fulfillment of those conditions, the power conferred becomes
annexed with a duty to exercise it in that manner…”

Section 14 (7) and (8) do not specify that when certain

conditions exist in a particular case, the Vice Chancellor must treat it

as an emergency and take particular action. Nor do the provisions

indicate that power is invested in aid of enforcement of a right public

or private of a citizen vide L. Hirday Narain ..vs.. Income-Tax

Officer, Bareilly, AIR 1971 Supreme Court 33. Section 14 (7) and

(8) of the Act, therefore, do not confer on the Vice Chancellor a

power coupled with a duty to exercise it.

With these observations, the writ petition is dismissed.

Rule accordingly. No order as to costs.

                             JUDGE                                  JUDGE



    kahale




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