High Court
Facts
(1) WP 4626.2024 & ors.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO. 4626 OF 20241.Jamkhed Homeopathic Medical College,Ratnapur at Jamkhed, Ratnapur,Taluka Jamkhed, Dist. Ahmednagar2.Ratnadeep Medical Foundation AndResearch Center and RatnadeepHospital, Nagar Road, Ratnapur,Taluka Jamkhed, Dist. AhmednagarThrough SecretaryDr. Varsha Bhaskar MoreAge : 48 yrs, occ : medical practitionerR/o Ratnadeep Hospital,Nagar Road,Near Bus Stand, Jamkhed, Taluka Jamkhed, Dist. AhmednagarPetitionersVersus1.The State of MaharashtraThrough Secretary for MedicalEducation and Drugs Department,Mantralaya, Mumbai2.The Maharashtra University ofHealth Science, Nashik, DindoriRoad, Mhasrool, NashikThrough its Registrar.RespondentsWITHWRIT PETITION NO. 4642 OF 20241.Ratnadeep Ayurvedic MedicalCollege, Ratnapur, Taluka Jamkhed,Dist. Ahmednagar2.Ratnadeep Medical Foundation AndResearch Center and RatnadeepHospital, Nagar Road, Ratnapur,Taluka Jamkhed, Dist. Ahmednagar (2) WP 4626.2024 & ors.odtThrough SecretaryDr. Varsha Bhaskar MoreAge : 48 yrs, occ : medical practitionerR/o Ratnadeep Hospital,Nagar Road,Near Bus Stand, Jamkhed, Taluka Jamkhed, Dist. AhmednagarPetitionersVersus1.The State of MaharashtraThrough Secretary for MedicalEducation and Drugs Department,Mantralaya, Mumbai2.The Maharashtra University ofHealth Science, Nashik, DindoriRoad, Mhasrool, NashikThrough its Registrar.RespondentsWITHWRIT PETITION NO. 4764 OF 20241.Shree Sai Nursing (B.Sc.) CollegeAt Jamkhed, Ratnapur, Taluka Jamkhed, Dist. Ahmednagar2.Ratnadeep Medical Foundation AndResearch Center and RatnadeepHospital, Nagar Road, Ratnapur,Taluka Jamkhed, Dist. AhmednagarThrough SecretaryDr. Varsha Bhaskar MoreAge : 48 yrs, occ : medical practitionerR/o Ratnadeep Hospital,Nagar Road,Near Bus Stand, Jamkhed, Taluka Jamkhed, Dist. AhmednagarPetitionersVersus1.The State of MaharashtraThrough Secretary for MedicalEducation and Drugs Department,Mantralaya, Mumbai
Legal Reasoning
(7) WP 4626.2024 & ors.odtfrom the same building. There were no permanent signagesbecause those used to be changed if and when the concernedapex body was to undertake the inspection. There was noadequate staff. There were no patients. Realizing that theinstitution was misleading the respondent university and otherestablishments as well, by running different courses showingthe same infrastructure and having undertaken objectivescrutiny and having reached a reasoned conclusion, thatcontinuation of affiliation would adversely affect reputation ofthe university, that the decision was taken for permanentlywithdrawing the affiliations of all the three colleges of thepetitioner. There is no arbitrariness or illegality.10.We have considered the rival submissions andperused the papers.11.At the outset, it would be apposite to remindourselves of the circumscribing limits while exercising thepowers under Article 226 of the Constitution of India. Thematter in issue being withdrawal of the affiliation to therespondent MUHS, these being the matters pertaining to thestandard of education, to be imparted and the responsibility ofwhich vests with it, there would be inherent limitation on thepowers of this Court in scrutinizing the decisions of the MUHS (8) WP 4626.2024 & ors.odtin taking recourse to Section 73 and for withdrawing theaffiliations permanently. We shall be concerned with thedecision making process and we cannot sit in appeal.12.With this preface, let us take up the issue. Section73 of MUHS Act reads as under :“73. Withdrawal of affiliation or recognition.(1)If an affiliated college or recognised institution failsto comply with the conditions of affiliation or recognitionas provided in section 63 or to allow the local managingor advisory committee as provided in section 67 tofunction properly or to take action as per direction issuedunder this Act or if it is conducting the college orrecognised institution in a manner prejudicial to theinterest of the University or the standards laid down by it,the Planning Board may issue a notice to themanagement to show cause as to why the privilegesconferred on the college or recognised institution byaffiliation or recognition should not be withdrawn in partor in whole or modified.(2)The Planning Board shall mention in the notice,the grounds on which it proposes to take the action, asproposed in sub-section (1) and shall send a copy of thenotice to the principal of the college, or head of recognisedinstitution. It shall also specify in the notice, the period,being a period which shall not be less than thirty days,within which the management should file its writtenstatement in reply to the notice.(3)On receipt of such written statement or on expiryof the period specified in the notice issued under sub-section (1), the Planning Board shall place before theAcademic Council, the notice and the written statement,if any, with or without the motion for withdrawal ormodification of such privileges.(4)The Academic Council shall, having regard to theinterest of students studying in the colleges or recognisedinstitutions, recommend to the Vice-Chancellor the actionto be taken in this behalf and the Vice-Chancellor shall,thereafter, proceed to implement the recommendations”.So far as the process contemplated therein is (9) WP 4626.2024 & ors.odtconcerned, the planning committee of the MUHS, pursuant tothe two inspections carried out, one by one man committeeand the other by three member committee, called upon thepetitioners by its notice dated 20.03.2024, to show cause as towhy affiliation to its colleges shall not be withdrawnpermanently by resorting to Section 73. As contemplatedtherein, time of 30 days was granted to furnish theexplanation. There is also record to demonstrate that thepetitioners, by moving applications, sought time to file replies.In order to extend an opportunity of being heard and toconsider the explanation to be furnished, by issuing a noticedated 12.04.2024, the petitioners were called upon to attendthe hearing on 22.04.2024. Admittedly, the petitionerinstitutions’ secretary together with a faculty member and astaff remained present before the planning committee togetherwith their written explanation dated 19.04.2024.13.True it is that simultaneously, the Collector of theDistrict had also moved in action and even took initiative inappointing a committee for carrying out the inspection andcopies of the reports were forwarded to differentestablishments / universities. Premises was also sealed andpursuant to the order of this Court dated 27.03.2024 in (10) WP 4626.2024 & ors.odtanother matter, the Tahsildar was directed to conduct apanchnama and de-seal the premises and hand over the keysto the secretary of the trust. It is also equally true that likethe MUHS even Savitribai Phule Pune University and theDirectorate of Higher and Technical Education, also moved inaction in respect of the colleges / courses affiliated to them.Even they made a similar attempt to de-affiliate / de-recognizethose colleges / courses. The actions were challenged beforethis Court in couple of writ petitions namely writ petitionNo.9709 of 2024 and writ petition No. 3286 of 2024 and thepetitioners’ challenges therein were upheld by the judgmentsdated 24.09.2024 and 27.09.2024, respectively. Admittedly,the actions of the respective University / Board were subjectedto scrutiny under the relevant enactments in holding that theprocesses as was laid down in the concerned Acts were notfollowed. Since the MUHS is governed by the MUHS Act andthe impugned actions have been taken in purported exercise ofpower under Section 73 thereof, the decisions of this Court, inthe aforementioned two matters, would be of no relevance.14.Coming back to the matter in hand, the planningcommittee of the respondent university conducted hearing inpresence of secretary of the petitioner trust on 22.04.2024. It (11) WP 4626.2024 & ors.odtalso recorded the minutes and those were placed before theacademic council. The inspection report of three membercommittee was objectively considered and de-affiliation wasrecommended, which has been approved by the ViceChancellor, as is contemplated in law. Therefore, it can safelybe said that the process as contemplated in law under theprovision of Section 73 of the MUHS Act, was strictly compliedwith.15.As regards the objective scrutiny of theshortcomings, it was found that all the three coursesAyurvedic, Homeopathy and Nursing, were being conductedfrom the same property, extent of which was barely 6 Acres 84Gunthas when as per the norms, Ayurvedic college requiresminimum of 5 Acres, Homeopathy college requires minimum of4 Acres and for Nursing college, the requirement is of 2 Acres.It was also noticed that the proposals for starting thesecolleges were moved in different years and by showing thesame property. No dedicated hospitals required for all thethree courses were available. No permanent name plates /signages were found. The departments were being usedinterchangeably and taking into account inter alia severalother shortcomings, as a cumulative effect, the (12) WP 4626.2024 & ors.odtrecommendations for de-affiliation were forwarded by theacademic council and were accepted by the Vice Chancellor.16.In our considered view, there is not enough materialto demonstrate any flaw in the decision making process or thedecision to withdraw the affiliations permanently, is eitherarbitrary or perverse.17.There is no merit in the petitions and those aredismissed.18.Rule stands discharged.(PRAFULLA S. KHUBALKAR) (MANGESH S. PATIL) JUDGE JUDGEVD_Dhirde
Arguments
(3) WP 4626.2024 & ors.odt2.The Maharashtra University ofHealth Science, Nashik, DindoriRoad, Mhasrool, NashikThrough its Registrar.Respondents…Mr. V.D. Hon, Senior Advocate, i/b Mr. A.V. Hon, Advocate for the petitioners.Ms. P.J. Bharad, A.G.P. for respondent No.1 and 2.Mr. A.S. Bayas, Advocate for respondent No.2....CORAM :MANGESH S. PATIL &PRAFULLA S. KHUBALKAR, JJ.JUDGMENT RESERVED ON :25.11.2024JUDGMENT PRONOUNCED ON:30.01.2025Judgment (Mangesh S. Patil, J.) :.Heard. Rule in all the writ petitions. It is madereturnable forthwith. Learned A.G.P. waives service forrespondent No.1 and learned Advocate Mr. Bayas waivesservice for respondent No.2 - Maharashtra University of HealthScience (MUHS).2.By way of these separate petitions preferred underArticle 226 of the Constitution of India, the same Managementrunning Homeopathy, Ayurvedic and Nursing Collegesaffiliated to respondent No.2 university, is challenging similarcommunication dated 26.04.2024, whereby, for the selfsamereasons, affiliation of the petitioner’s all these colleges hasbeen permanently withdrawn under Section 73 of the (4) WP 4626.2024 & ors.odtMaharashtra University of Health Sciences Act, 1998 (MUHSAct) from the academic year 2024-2025 onwards.3.Since the grounds for withdrawal of affiliation arethe same, all these petitions are being disposed of by thiscommon judgment, to avoid rigmarole.4.Mr. Hon, learned senior advocate for the petitionerstakes us through the papers and submits that the impugneddecisions permanently withdrawing affiliation, are arbitraryand illegal. The decisions suffer from vice of being contrary tothe principles of natural justice and are liable to be quashedand set aside.5.Mr. Hon would submit that the institutions werebeing smoothly run for number of years and at no point oftime, any objection was raised either by the respondent MUHSor the parent bodies. It is only in the beginning of the year2024, when the colleges started demanding tuition fees fromand out of scholarships received by several students underdifferent schemes, that the students started agitation whichwas blown out of proportion. There was political interferenceand without any authority, the Collector moved in action. Theentire premises was sealed. President of the trust was (5) WP 4626.2024 & ors.odtmaliciously prosecuted by couple of girl students.Simultaneously, all the affiliating universities and boardsincluding the respondent MUHS also moved in action inrespect of different affiliations. The premises of the petitioner’scollege was put under seal of the Tahsildar. Simultaneously allthese universities/boards started issuing notices, hurriedlycalling upon the petitioners to furnish the explanations. Nosufficient opportunity was being extended. Even while thepremises was sealed, the institutions were stated to have beennot running, which was impossible. Even when theexplanations were offered, those were not considered in theproper perspective and the issue was prejudged. The decisionsto withdraw affiliation was reached without following dueprocess of law and are liable to be quashed and set aside.6.Mr. Hon would also advert our attention to thedecisions of this Court in few other matters of the petitionerinstitution in respect of some other courses affiliated toSavitribai Phule Pune University wherein similar actions wereset aside.7.The learned A.G.P. submitted that due process oflaw has been followed by respondent No.2 MUHS and thisCourt, in exercise of the powers under Article 226 of the (6) WP 4626.2024 & ors.odtConstitution of India, cannot sit in appeal and should only beconcerned with the decision making process and not itscorrectness.8.Learned advocate Mr. Bayas for the respondentuniversity, referring to the affidavit in reply, additional affidavitand written notes of arguments, would submit that necessaryprocedure as contemplated under Section 73 of the MUHS Acthas been duly followed. The conclusions are based on not onebut two inspections and pursuant to the inspection reports.The petitioner was called upon to respond, by extending thetime stipulated under that provision. A personal hearing wasalso conducted and after consideration of the issue by theplanning committee, the academic council of the universitymade recommendation which is approved by the ViceChancellor. He would, therefore, submit that the procedurecontemplated in law has been meticulously followed.9.On facts, Mr. Bayas would submit that severalshortcomings were noticed during the inspection which werenot satisfactorily explained by the petitioners. Though threedifferent colleges were being run, they were not havingseparate area and infrastructure as per the norms. Not onlythese three courses, but few other courses were being run