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TMI Blog2012 (8) TMI 1226X X X X Extracts X X X X X X X X Extracts X X X X ..... in Central India Institute of Mass Communication administered by Institute of Educational Research and Development Affairs, Nagpur. It is also declared by this order that the petitioner shall cease to be a teacher within the meaning of section 2(34) of the Maharashtra University Act, 1994 (for short "M.U. Act") from the date of this order. 2. The petitioner also challenges the communication dated 4th March 2011, by which the Principal of Central India Institute of Mass Communication has been intimated that the name of the petitioner as approved teacher in Mass Communication from the said college is deleted from the Electoral Roll of Board of Studies Mass Communication, subject Mass Communication in the faculty of Social Sciences. 3. Admittedly there were large scale irregularities and illegalities in the examinations held by the first respondent-University. At the relevant time serious allegations of forgery, in what was termed as "Mark-sheet and Revaluation Scam" were made against the petitioner and for his alleged criminal activities the petitioner was prosecuted in Criminal Case No. 372/2002 and charged with offences punishable under Sections 420, 468, 471, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, 1999 (for short referred to as "Direction No. 7 of 1999"). That was notified on 30th December 1999. Appendix VIII which is appended to Direction No. 7, also prescribes that no selection shall be considered valid unless atleast three out of four experts are present. The recommendations of the Selection Committee shall be subject to the approval of the Vice Chancellor, who may reject the recommendations after recording reasons therefor. The relevant part of this statute has been annexed to the writ petition as Annexure PI. Appendix I in so far as relevant, reads as under: ...The recommendations of the Selection Committee shall be subject to the approval of the Vice Chancellor, who may reject the recommendations after recording reasons therefor. 6. This provision has been reiterated in Statute No. 1 of 2008 and therefore it is undisputed that the recommendations of the Selection Committee have to be approved by the Vice Chancellor. The petitioner was appointed by order dated 4th December 1998 and in view of the acceptance of the recommendations, the Vice Chancellor then functioning, granted approval by an order dated 30th January 2001, a copy whereof is annexed as A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore this High Court by filing Criminal Appeal No. 18 of 2007. The said criminal appeal was admitted by this Court and the sentence imposed upon the petitioner was suspended, enlarging him on bail. It is further submitted that apprehending that there may be issuance of a notice for withdrawal of the approval granted by the Vice Chancellor to the appointment of the petitioner in 2001, he filed a Criminal Application No. 912 of 2007 for stay of conviction on the ground that the Nagpur University might issue a notice for withdrawal of the approval. However, this Court did not allow the application on the ground that the notice, apprehended, was yet to be issued. After the above said order of this Court rejecting the criminal application, the respondent No. 1-University acting through its Registrar, issued a Notice bearing No. CS/08/1096 dated 28th March 2008. By the said notice the petitioner was called upon to furnish an explanation/show cause with regard to the withdrawal of the approval by the University. In April 2008, the petitioner submitted preliminary reply requesting the respondent No. 1 University to furnish clarifications with regard to the power under which the University ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and accordingly the petitioner preferred an application, though mentioned as appeal, to the respondent No. 2 i.e. the Chancellor of the respondent No. 1 University. The petitioner was given to understand that as soon as the representation/appeal under section 108 of the M.U. Act was preferred before the respondent No. 2, the alleged notice to show cause dated 28th March 2008 (Annexure P-8) was virtually shelved as it was not to be acted upon till an interpretation was given by the respondent No. 2. The interpretation claimed was with respect to the powers of the Vice Chancellor under the M.U. Act and the statutes and ordinances made thereunder with regard to withdrawal of the approval granted to the recommendations of the Selection Committee for appointment of a lecturer in an affiliated college in particular reference to the petitioner. The said representation/appeal was preferred on 29th July 2008. 12. The petitioner further states that from 29th July 2008 onwards, nothing was heard from the respondent No. 2 because in the normal course the Chancellor always calls for submissions from the University and when such submissions are received, a copy thereof is sent to the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat approval is final and conclusive. By the very nature of the power exercised, it is apparent that it is quasi judicial. There is no question of withdrawal of the approval once granted. Even if it is assumed that approval is granted in terms of the statutes and which statutes are framed under the M.U. Act, the power is not statutory in nature. Therefore, section 21 of The Bombay General Clauses Act, 1904, cannot be invoked. There is no implied power to recall, withdraw or revoke the approval which is once granted. In such circumstances, the 3rd respondent had no jurisdiction or authority to pass the impugned order. The impugned order is therefore, ex-facie erroneous and vitiated in law and deserves to be quashed and set aside on this ground alone. 16. Alternatively and without prejudice to the first submission so also assuming that the 3rd respondent had power to set aside or withdraw the approval, that power has been exercised arbitrarily and malafide. Inviting our attention to the allegations in the writ petition, Mr. Kowli submits that the respondent No. 2 was agitated and annoyed at the filing of the Public Interest Litigation in which his appointment as a Vice Chancellor ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he outcome of the appeal before the Hon'ble Chancellor and relying on some communication, the tenor of which is inconsistent with the correspondence, the impugned order has been passed. Thus, the letter dated 19th July 2010, a copy of which is at page 198 of the paper book, will prove the petitioner's case raised hereinabove. Even the file notings show the apparent contradictions and inconsistency. In such circumstances, the petitioner has been treated unfairly, unjustly and unreasonably. Therefore, the order violates the mandate of Article 14 of the Constitution of India. 18. An attempt was also made by Mr. Kowli to assail the impugned order on the ground that the same does not consider the order of the Appellate Court in Criminal Appeal No. 18 of 2007. That order totally exonerates the petitioner from the charges of forgery and cheating. In such circumstances and when the petitioner is acquitted of the said charges, relying on his conviction by the trial Court, the impugned order could not have been passed. 19. For all these reasons, it is submitted that the petition deserves to succeed. Mr. Kowli relies upon following decisions in support of his submissions: (1) A.I. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een availed of by a teacher like petitioner. Thus, the role of the teacher, the definition of the term appearing in the M.U. Act, all would go to show that not only the qualifications and experience but character of a teacher is of paramount importance. In these circumstances, to hold that the Vice Chancellor has no power to withdraw the approval or cancel it, would render the provisions in the Act otiose and nugatory. The power of the Vice Chancellor is derived from section 14 of the M.U. Act. The power conferred thereby is advisedly very wide. If it is so, then, the Vice Chancellor must have all implied powers so as to make the grant effective. In other words, role of a Vice Chancellor as a conscience keeper and over all supervisor, would take within its fold all such ancillary or incidental powers, so as to make it effective and complete. Any other interpretation would defeat the object and purpose of conferring supervisory and all pervasive powers on the Vice Chancellor. 22. Mr. Gordey also submits that if in this case the direction of the Chancellor had to be implemented by the Vice Chancellor and none else, then, it was incumbent upon him to initiate the process of withdrawa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inked with language or other regional consideration. The appointment should not be made on communal or caste considerations. The statute even prescribes the constitution of a Selection Committee for recruitment to the posts of lecturers in a college. The recommendations of the Selection Committee shall be subject to the approval of the Vice Chancellor, who may reject them. However, that does not mean that thereafter the Vice Chancellor is powerless. In these circumstances, the principle underlying section 21 of the Bombay General Clauses Act should be imported and read into the powers conferred by section 14(1) of the Maharashtra Universities Act, 1994 read with Statute No. 8 of 1979 and Appendix-I, prescribing the terms and conditions attached to the revised scales of pay. 25. Mr. Gordey then submits that there is absolutely no substance in the allegations of bias and malice. The allegations are totally vague. Inviting our attention to pages 19 and 20 of the writ petition, it is submitted that there are no particulars whatsoever and pertinently about the name of the person, date and time, when that person approached and prevailed upon the petitioner to withdraw the Public Interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Janardhan Joshi and Another vs. North Maharashtra University, Through its Vice Chancellor and Others (Writ Petition No. 928 with Writ Petition No. 1034 of 1999 decided on 17th July 1998) reported in 1999 (4) BCR 123. Mr. Gordey submits that this judgment is not a precedent for the proposition that once the approval is granted, it is irrevocable. There, the approval which was granted by the Vice Chancellor to an appointment of the Principal of the affiliated college was withdrawn by the Executive Committee. Therefore, the Executive Council was held to be bereft of any power to cancel or withdraw the approval. This judgment must be seen in the backdrop of the facts and question posed and answered by the Division Bench. The paragraph of the judgment relied upon are not its ratio and the observations therein can be safely termed as obiter. For all these reasons, it is submitted that the petition be dismissed. 27. For properly appreciating the rival contentions, one must proceed on the basis of the admitted facts. 28. With the assistance of the Learned Counsel appearing for parties, we have perused writ petition and annexures and all affidavits on record. The admitted facts emerging f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... harampeth, Nagpur. Subject: Show cause Notice dated 28.3.2008 regarding withdrawal of approval as a lecturer Ref.: Your letter dated Nil. Sir, With reference to above, I am to inform you as under:- In so far as approval to appointment is concerned, it has been granted in terms of Statute 8 of 1979 and is continued in terms of Direction No. 1 of 89 and 7 of 1999. The approval to the appointment has no relation whatsoever to grant-in-aid of the college. Because of the approval to the appointment, the teacher is entitled to claim the privileges of approved teacher. The Hon'ble Vice-Chancellor is competent authority under direction No. 7 of 1999 to grant approval and hence the said officer has jurisdiction to withdraw the approval for justified reasons. You are therefore, requested to submit your explanation within 7 days from the receipt of this letter. In the event reply/explanation is not received, the matter will be processed further as per rule. Yours, Sd/- Director, B.C.U.D. 33. The petitioner once again raised the issue of what privileges an approved teacher enjoys and as to who could be the disciplinary Authority. It appears he was consistently taking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersity has, therefore, informed the Vice Chancellor that the fact of his conviction was also suppressed by the petitioner while contesting the election from the Nagpur Parliamentary Constitution. He has been delaying the matter by submitting that an appeal under section 108 of the Act is pending before the Chancellor. Therefore, the response, to the letter dated 19th July 2010 which directed the Vice Chancellor to look into the matter personally and sent a factual report and action proposed to be taken, has been the same as before. It is in view of this direction that the Vice Chancellor took up the matter. 36. The petitioner does not dispute that when the show cause notice was issued way back in March 2008, the present respondent No. 3 was not the Vice Chancellor. The matter was pending for more than two years with the University and in the meanwhile, the petitioner's conviction for the offences alleged was reversed by this Court. Yet, this Court held that the petitioner on the evidence adduced, can be convicted for offence punishable under section 417 of the Indian Penal Code. 37. At this stage it would be worthwhile reproducing paras 3(c), to 3(k) of the affidavit in reply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . This Hon'ble Court was pleased to suspend the sentence of imprisonment. There was no stay to the conviction. (i) In view of the conviction of the petitioner in criminal case involving offences of moral turpitude show cause notice dated 28.03.2008 was served upon the petitioner. (j) After receipt of show cause notice dated 28.03.2008, the petitioner had filed criminal application before this Hon'ble Court praying for stay of conviction and had submitted letter dated 22.04.2008 to the University informing that till the decision of Criminal Appeal No. 18 of 2007 no action should be taken against him otherwise it would amount to the contempt of the Court. (k) It is submitted that as per the judgment dated 06.02.2009 this Hon'ble Court was pleased to decide Criminal Appeal No. 18 of 2007 and the petitioner was convicted for the offence punishable under section 417 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for the period already undergone and to pay fine of Rs. 40,000/- or in default to suffer rigorous imprisonment for two months. The said judgment has become final and binding. 38. Pertinently, there is no denial of the above statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omy is granted and is designated to be so by the Statutes. The term "college" as set out in section 2(10) means a college conducted by the University, or affiliated to the university, situated in the University area. Thus, if the petitioner is aware of the fact that the 5th respondent Institute is an affiliated college and that appointment of the petitioner therein has to be approved by the Vice Chancellor, then, the act of the petitioner in questioning the Authority of the University is nothing but an attempt to delay the proceedings. 40. The petitioner seems to be under an impression that having moved the Chancellor under section 108 of the Act, the University cannot proceed against him. Section 108 provides for questions regarding interpretation and dispute regarding constitution of the University authority or body, which are to be decided by the Chancellor. If question arises regarding interpretation of provision of this Act, or of any Statute, Ordinance, Regulation or Rule, or whether a person has been duly elected or appointed or nominated or opted as, or is entitled to be a member of any authority or body of the university, the matter may, be referred, on petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted college or by the University, is also without any basis or substance. Section 4 of the Maharashtra Universities Act, 1994 sets out the objects of the University and reads as under: 4. Objects of university. The objects of the university shall be to disseminate, create and preserve knowledge and understanding by teaching, research, extension and service and by effective demonstration and influence of its corporate life on society in general, and in particular the objects shall be (1) To carry out its responsibility of creation, preservation, and dissemination of knowledge; (2) To promote discipline and the spirit of intellectual inquiry and to dedicate itself as a fearless academic community to the sustained pursuit of excellence; (3) To encourage individuality and diversity within a climate of tolerance and mutual understanding; (4) To promote freedom, secularism, equality and social justice as enshrined in the Constitution of India and to be catalyst in socio-economic transformation by promoting basic attitudes and values of essence to national development; (5) To extend the benefits of knowledge and skills for development of individuals and society by associatin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide traditional roles for graduates in scholarship, teaching, and the professions. The university's basic traditional functions remain unchanged enabling students to learn from their cultural heritage, helping them to realize their intellectual and creative abilities, and encouraging them to become humane and responsible people. The university expands knowledge across the entire spectrum of disciplines, and it can add to the understanding and enjoyment of life. It continues to be needed for imaginative solutions to the problems of society... 15. The Government of India constituted a Committee in December 1961 to consider broadly the organizational structure of the Universities in India and to prepare the outline of a "Model Act" suited to their role and functions of which Dr. D.S. Kothari, Chairman, UGC was the Chairman and several other persons who were either Vice-Chancellors of Universities or were connected with the field of education were members. In the concluding part of the First Chapter, the Committee noted as under: ... The function of the university is not only to preserve, disseminate and advance knowledge but also to furnish intellectual leadership an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sity department, conducted college, an affiliated college, institution or school as an autonomies university department, conducted college, affiliated college or institution or school, as the case may be, in accordance with the guidelines, if any, laid down by the University Grants Commission; (24) to monitor and evaluate the academic performance of affiliated colleges and recognised institutions for affiliation and periodical accreditation; (35) to provide for periodical assessment of the performance of teachers and non-teaching employees of the college, institutions and university in accordance with the provisions of the Statutes; (43) to rescind affiliation granted to colleges; 44. A perusal of section 5(2), 5(3), 5(21), 5(22), 5(23), 5(24), 5(35), 5(37) and 5(49), would go to show that the Act enacts such a code as would make governance and administration of University proper, fruitful and complete Section 6 provides for jurisdiction and admission to privileges of university. Section 7 states that University shall be open to all, irrespective of sex, creed, class, caste, place of birth, religion or opinion. Section 8 provides for control of State Government and Universit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne meeting of any of the authorities, bodies or committees, as and when he considers it necessary so to do. (4) The Vice-Chancellor shall ensure that directions issued by the Chancellor are strictly complied with or, as the case may be, implemented. (5) It shall be the duty of the Vice-Chancellor to ensure that [the directives of the State Government, if any, and] the provisions of the Act. Statutes, Ordinances and Regulations are strictly observed and that the decisions of the authorities, bodies and committees; which are not inconsistent with the Act, Statutes. Ordinances or Regulations are properly implemented. (6) The Vice-Chancellor may defer implementation of a decision taken or a resolution passed by any authority, body or committee of the University if, he is of the opinion that the same is not consistent with the provisions of the Act, Statutes, Ordinances or Regulations or that such decisions or resolution is not in the interest of the university and at the earliest opportunity refer it back to the authority, body or committee concerned for reconsideration in its next meeting within a reasons to be recorded in writing. If differences persist, he shall within a week, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rities or bodies or committee of the university the Vice Chancellor shall be empowered to suspend a member from the meeting of the authority, body or committee for persisting to obstruct or stall the proceedings or for indulging in behavior unbecoming of a member, and shall report the matter accordingly, to the Chancellor. (12) The Vice Chancellor shall place before the Management Council a report of the work of the university periodically as provided under the Ordinances. (13) The Vice Chancellor shall exercise such other powers and perform such other duties as may be conferred upon him by or under the Act. (14) (a) The Vice Chancellor shall have the right to cause an inspection to be made by such person or persons or body of persons as he any direct, of the university, its buildings, laboratories, libraries, museums, workshops and equipments and of any institutions, affiliated, conducted or autonomous college, hall or hostel maintained or recognised by the university, and of the examinations, teachings and other work conducted by or on behalf of the university, and to cause an inquiry to be made in a like manner regarding any matter connected with the administration or fina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rly implemented. There are several powers and when ail the sub-sections of section 14 are read together and harmoniously, it would be apparent that the Vice Chancellor has very wide powers and advisedly. By Maharashtra Act No. 55 of 2000, sub-section 9 has been added which states that the Vice Chancellor shall be the appointing and disciplinary authority for the university teachers who are appointed on the recommendation of the selection committee constituted for the said purpose. Thus, the reliance by Mr. Gordey, learned senior counsel, on the judgment of the Hon'ble the Supreme Court in the case of Marathwada University (supra), is appropriate. The Hon'ble Supreme Court observed as under: 18 The Vice-Chancellor in every university is thus the conscious (conscience) keeper of the University and constitutional ruler. He is the principal executive and academic officer of the University. He is entrusted with the responsibility of overall administration of academic as well as nonacademic affairs. For these purposes, the Act confers both express and implied powers on the Vice-Chancellor. The express powers include among others, the duty to ensure that the provisions of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ude shall be disqualified for being a member of any of the authorities of University. 50. Chapter V is entitled "The Statutes, Ordinances and Regulation". Thereunder, section 51 states that subject to the provisions of the Act, the Statutes may provide for any of the matters and one of them being qualifications, recruitment, workload, code of conduct, terms of office, duties and conditions of service, including periodic assessment of teachers, officers and other employees of the university and the affiliated colleges, provision of pension, gratuity and provident fund, the manner of termination of their services, as approved by the State Government. The Statute may also provide for disciplinary action. The manner in which the Statutes are made is set out by section 52, whereas section 53 deals with ordinances and their subject matter. Section 54 provides for making of ordinance and thereafter there are Regulations and Rules which can be framed under section 55. Rest of the provisions of the M.U. Act need not be referred to for our purpose. 51. Read and understood in the above manner it would become at once clear that in order to make a complete code, the legislature has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Statute No. 8 of 1979 which is for implementation of U.G.C. revised pay scales for teachers working in the affiliated colleges. That itself states that appointment of teachers in colleges have to be made in accordance with the qualifications and subject to the terms and conditions of the service and discipline and duties prescribed by or under the Statute or Ordinance. The terms and conditions attached to the scales of pay vide Statute No. 9. are those which are shown in Appendix I to the directives. Appendix I states that all appointments of teachers in college shall be made on merit and on the basis of all Indian Advertisement. The recommendations of the Selection Committee which has to be constituted for recruitment to the post of lecturer in the college have to be approved by the Vice Chancellor who has been empowered to reject the same after recording reasons. It is in this background that we are of the view that it would not be proper to hold that the Vice Chancellor has no powers to recall, withdraw or cancel the approval given by him based on which a teacher is appointed in the affiliated college. As pointed out by the Hon'ble Supreme Court, the Vice Chancellor possesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of failing in his duty if he takes no action in such matters. He cannot allow the affiliated college alone to deal with a convicted teacher. Such teachers roaming in the campus of the University and college pose a threat to all. A convicted teacher cannot be entrusted any academic and non academic work. If there are no morals in universities and colleges, then, their very existence will be questioned. All of us have an important stake in them as they make or mar future generations. The Vice Chancellor cannot leave it to the college because a affiliated college and institution may have its own reasons in not taking any action or it may in a given case delay taking necessary action. There may be vested interest in not taking any action as well. In these circumstances, when standards and norms prescribed for teachers cannot be seen in a restricted and watertight compartment, then, all the more if they are not adhered to or flouted, the Vice Chancellor can certainly step in. We have no doubt that he can always step in if directed by the Chancellor to take corrective measures against the guilty teacher. It is not that disciplinary action and disciplinary proceeding is the only solutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly 2010, after seeking necessary information, is clear and undisputed. That Vice Chancellor was obliged to take action in terms of this directive, is also apparent from the tenor of the letter and the provisions of the M.U. Act. That independently the Vice Chancellor also could have taken action, is equally clear from the above enumeration by us. In such backdrop, we are of the view that the matter at hand must be looked at in this broad manner and wider perspective. So looked at, we cannot accept the argument of Mr. Kowli that the Vice Chancellor lacks power and could not have withdrawn or cancelled the approval of the petitioner even after his conviction by the trial Court and this Court. For all these reasons and when the matter is looked this way, then, the challenge to the impugned order must fail. 59. Even in matters of applicability of section 21 of the General Clauses Act, 1897 (Section 21 of the Bombay General Clauses Act, 1904 is reproduction of the provision) or the doctrine of implied power, the Hon'ble Supreme Court holds that the general power to issue a notification includes the power to rescind it and that has to be understood in the light of the subject matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsuance thereof not capable of being disturbed even by the Chancellor or Vice Chancellor. If we bear in mind the role of a teacher and his place in the academic set up and equally the power of the Vice Chancellor under the M.U. Act, we cannot subscribe to the view that the approval to the recommendation and the appointment in pursuance thereof is beyond the reach of these high powered authorities. 61. By the very nature of the power that is conferred in these authorities, it is apparent that it is coupled with a duty, i.e. to maintain discipline and order of highest nature in the academic field. If that is the obligation to the society as a whole that these authorities have to discharge, then, to hold that they will be powerless or that they do not possess any implied or incidental power to withdraw or cancel the approval, would make the M.U. Act unworkable and its provisions meaningless. In several cases of this nature, the Hon'ble Supreme Court has applied the doctrine and principle of implied power. That principle is founded on the premise that conferment of a statutory power would necessarily take within its import the authority to use all means to make it effective and me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly a rule of construction and may be displaced by the provisions of the scheme and the object of any particular Statue if they indicate a contrary intention. Mr. Kowli has placed reliance in this behalf on the judgment of the Hon'ble Supreme Court in the case of State of Bihar vs. D.N. Ganguly and others reported in AIR 1958 SC 1018. It is apparent from a reading of that judgment that the Industrial Dispute Act, 1947 does not confer any express power on the appropriate Government to cancel or supersede a reference made under section 10(1) of the Act. That conclusion was rendered by the Hon'ble Supreme Court by examining carefully the scheme of the Industrial Disputes Act, 1947, its object and all its relevant and material provisions. Therefore, this was a case of repugnancy to the application of the rule of construction carved out by section 21 of the General Clauses Act, 1897. 64. Equally, Mr. Kowli's reliance on the judgment of the Hon'ble Supreme Court in the case of Indian National Congress (I) vs. Institute of Social Welfare and others reported in (2002) 5 SCC 685, is misplaced. Therein the Hon'ble Supreme Court specifically concluded that when the power r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the relevant Statute gave approval to the appointment of the petitioner as a Principal of the college run by respondent No. 4 before the Division Bench. Therefore, pertinently the Division Bench observed in para 29 that it is not the Vice Chancellor who passed the impugned order of withdrawal of approval but that order was passed by the Executive Council of the North Maharashtra University. The Executive Council did not have any such jurisdiction. It is in that context it was held that when the power to grant approval was exercised by the Vice Chancellor, power to revoke it could not have been exercised by the Executive Council. Mr. Kowli reads the observations in paras 29 to 32 in isolation. This judgment, therefore, cannot assist the petitioner in urging that if the power to grant approval is exercised by the Vice Chancellor, the Vice Chancellor is denuded of any power to withdraw or cancel the same. The observations of the Division Bench which have been relied upon, would have to be understood in the backdrop of the factual controversy and should not be read in isolation as attempted by Mr. Kowli. The ratio of this judgment must be understood considering the facts and circums ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Interest Litigation was filed and that was within the knowledge of the University and the Vice Chancellor and that is how the Vice Chancellor hastily passed the impugned order. Mr. Kowli went to the extent of arguing that the Vice Chancellor back dated his order. However, when the petitioner does not dispute that in the file there is a reference to the communication from the Chancellor's office dated 19th July 2010 and acting upon the same, the matter was deliberated and discussed within the University till December 2010 and ultimately the order that came to be passed in February 2011, that would go to show that it is not that the present Vice Chancellor who took up the issue immediately after assuming office or that when a Public Interest Litigation was filed, he hastily passed the impugned order. From a reading of the documents that have been produced, we are of the view that the conviction not being disputed, the proceedings and their pendency not being disputed, it would be too farfetched to assume that the Vice Chancellor came to know of filing of a Public Interest Litigation challenging his appointment and before even looking at the said Public Interest Litigation, he pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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