1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2236 OF 2010 Dr.Prabhakar J. Lavakare Age 75 years, Occ. Scientist & Academician, Residing at : 19, Khagol Society, 38/1, Panchavati, Pashan, Pune - 411 008 ....Petitioner Versus 1. The State of Maharashtra, (Summons to be served on the learned Government Pleader appearing for State of Maharashtra under Order XXVII, Rule 4, of the Code of Civil Procedure, 1908) 2. The Honourable Chancellor, University of Pune. 3. University of Pune, Ganesh Khind Road, Pune - 411 007. 4. Dr.R.K. Shevgaonkar, Age : Adult, Occ. : Teacher, Being working as present as the Honourable Vice Chancellor of University of Pune Ganesh Khind Road, Pune - 411 007. (Being Deputy Director IIT Mumbai and VC Designate for U.P. ....Respondents Mr.A.V. Anturkar with Mr.S.B. Deshmukh for the Petitioner. Mr.Ravi M. Kadam, Advocate General with Mr.S.R. Nargolkar, G.P. for Respondent Nos.1& 2. Mr.V.A. Thorat, Senior Counsel with Mr.G.S. Kulkarni and Mr.P.J. Thorat i/b Mrs.M.G.Kulkarni for Respondent Nos. 3 & 4. ::: Downloaded on - 09/06/2013 15:52:12 ::: 2 CORAM : A.M. KHANWILKAR AND R.M. SAVANT, JJ. JUDGMENT RESERVED ON: 9TH APRIL, 2010 JUDGMENT PRONOUNCED ON: 21ST APRIL, 2010 JUDGMENT (PER A.M. KHANWILKAR, J.) :- 1. Heard counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mr. Nargolkar waives notice for Respondent Nos.1 and 2. waives notice for Respondent Nos. 3 and 4. Mrs. Kulkarni 3. As short question is involved, Petition is taken up for final disposal forthwith, by consent. 4. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner prays for issuance of writ of quo-warranto and/or mandamus to quash and set-aside the appointment of Respondent No.4 as Vice-Chancellor of Respondent No.3 - University of Pune (hereinafter referred to as " the University" for the sake of brevity). 5. Briefly stated, on account of the resignation of the then Vice- Chancellor Dr.Narendra Jadhav, the post of Vice-Chancellor of the University of Pune had fallen vacant on 16.6.2009. The Governor of Maharashtra and the Chancellor of University of Pune accordingly ::: Downloaded on - 09/06/2013 15:52:12 ::: 3 constituted a Search Committee as contemplated by Section 12(1)(a) of the Maharashtra Universities Act, 1994 (hereinafter referred to as " the said Act, 1994" for the sake of brevity). The Search Committee consisted of men of repute and learning in their field, namely, (1) Justice B.N. Srikrishna, Retired Judge, Supreme Court of India, (2) Professor Sanjay G. Dhande, Director, Indian Institute of Technology, Kanpur, (3) Mr.J.S. Saharia, Principal Secretary to the Government, Higher and Technical Education Department, Government of Maharashtra. The said Search Committee after due scrutiny of the Resume of the nominees, considered the credentials of all the 115 applicants/nominees, who had applied/were recommended for the appointment to the post of Vice-Chancellor of the University. Out of the said 115 applicants/nominees, the Search Committee short listed 16 persons who, according to them, were eligible for consideration. The said 16 short listed candidates were invited for personal interaction based on their Vision Statements and Action Plans. 6. The Search Committee thereafter submitted its recommendations to the Governor, State of Maharashtra and the Chancellor of the University, with a panel of 5 names, for consideration. It appears that the Search Committee submitted its detailed right up on the suitability of each of the five persons, whose names were included in the panel. The appointment of Respondent No.4 came to be made upon considering the relevant credentials of the five nominees included in the said panel, as he was found more suitable to be appointed as the Vice- Chancellor of the University. It is this order of appointment, which is the ::: Downloaded on - 09/06/2013 15:52:12 ::: 4 subject matter of challenge in the present Writ Petition. 7. According to the Petitioner, the Respondent No.4 does not possess requisite essential qualifications and experience as envisaged in the Order issued by the State Government, in exercise of the powers conferred by clause (d) of sub-section (3A) of Section 12 of the said Act and all other powers enabling it, in that behalf, in consultation with the Chancellor. At the out-set, counsel appearing for the Petitioner in all fairness mentioned that the challenge to question the appointment of Respondent No.4 was mainly on the ground that Respondent No.4 does not possess "essential qualifications and experience" as set out in Part "A" of the order dated 27.5.2009 (hereinafter referred to as " the order" for the sake of brevity). In addition, it was contended that Respondent No.4 even did not possess the "desirable experience" as set out in Part "B". Besides, it was argued that the other candidates, who possessed essential qualifications and experience, as set out in Part "A" of the said order, also possessed desirable experience as set out in Parts "B" and "C" of the said order, have been overlooked. 8. The Joint Secretary to the Governor of Maharashtra has filed reply affidavit on behalf of Respondent No.2, sworn on 31.3.2010. By this affidavit, plea taken by the Petitioner is not only countered, but it is also asserted that Respondent No.4 came to be appointed as he possessed the essential qualifications and experience and was most suitable candidate amongst the five recommended nominees by the Search Committee. This ::: Downloaded on - 09/06/2013 15:52:12 ::: 5 reply affidavit highlights the qualifications, education and experience of Respondent No.4. On that basis it is asserted that Respondent No.4 was eligible for being considered to be appointed as Vice-Chancellor of the University. Even Respondent No.4 has filed separate reply affidavit, sworn on 31.3.2010, countering the grounds of challenge in the Writ Petition and also asserting that he possessed all requisite qualifications and experience for being considered to be appointed to the post of Vice- Chancellor of the University. 9. Before we proceed further, we would think it apposite to advert to the resume of Respondent No.4, which was considered by the Search Committee. The said resume provides information regarding the qualifications and experience possessed by Respondent No.4, which reads thus :- "Permanent Address Department of Electrical Engineering I.I.T., Bombay, Mumbai - 400 076 INDIA Education 1985 Doctor of Philosophy (Ph.D.) in Electrical Engineering from I.T.T., Bombay / Indian Institute of Astrophysics / Raman Research Institute, Bangalore on Maximum Entropy Restoration of Astronomical Images. 1977 Master of Technology (M.Tech) in Electrical Engineering from I.T.T., Kanpur with specialization in Electromagnetics and Optical Fibres. 1974 Bachelor of Engineering (BE) in Electronics Engineering ::: Downloaded on - 09/06/2013 15:52:12 ::: 6 from Jiwaji University, Gwalior, Gold Medalist. 2007 Executive Development Program, Kellogg School of Management, Northwestern University, Chicago, USA. Research Interests Fiber Optic Communication, Photonics, Non-linear fiber optics, Electromagnetic Waves, Computational Electromagnetics, Antennas, Image Processing, Radio Astronomy. Academic Positions held: 1990-to date: Professor of Electrical Engineering at I.I.T. Bombay, Job : Teaching and Research in Photonics, Fiber Optics, Image processing, Printed antennas, Optically controller devices. 2009: Visiting Professor, Institute Superior de Electronics de Paris, France. 2005: Visiting Professor, High Frequency Institute, ETH, Zurich, Switzerland. 2000-2001: Visiting Professor, Computer and Electronics Engineering, University of Nebraska, Lincoln, USA (on Sabbatical leave) Job: Teaching and research in Telecommunications. 1987-1990: Assistant Professor at Department of Electrical Engineering, I.I.T., Bombay. Job : Research in Image processing and Photonics. 1986-1987: Faculty Research Associate at University of Maryland, College Park, U.S.A. Job: Solar and Stellar radio astronomy with the VLA. 1985-1986: Reader at Indian Institute of Astrophysics, Bangalore Job: Study of Galactic radio sources at decametre ::: Downloaded on - 09/06/2013 15:52:12 ::: 7 wavelength. Image processing of radio images to correct for atomospheric distortion. 1982-1984: Faculty Research Associate at University of Maryland, U.S.A. Job : Microwave radio astronomy with Very Large Array, New Mexico. 1978-1982: Electronics engineer at Indian Institute of Astrophysics/Raman Research Institute, Bangalore, Job : Design, Installation of a large Decametre array usef for radio astronomy at Gauribidnur, India. Administrative Positions held : 2008-to date: Deputy Director (Finance And External Affairs, IIT Bombay 2005-2008: Dean, Resource Mobilization, IIT, Bombay. 2005-2006: Registrar, IIT, Bombay. 1998-2000: Dean of Students' Affairs, Indian Institute of Technology, Bombay. 2003-2005: Head, Department of Electrical Engineering, IIT, Bombay. 2002-2006: Founder Head, Centre for Distance Engineering Education Programme (CDEEP), IIT, Bombay. The Centee has been setup to generate and disseminate the video and web lectures from experts in IIT to the students of engineering colleges in the country using multi-media technology. 1995-1998: Chairman, Hostel Coordination Unit, Indian Institute of Technology, Bombay. 1992-1995: Warden, Hostel 4, Indian Institute of Technology, Bombay. ::: Downloaded on - 09/06/2013 15:52:12 ::: 8 1989-1992: Assoc. Warden, Hostel 4, Indian Institute of Technology, Bombay. Major Academic Awards and Distinctions: (1) IETE-CEOT-94 Award for outstanding contribution in the field of Photonics. (2) Fellow Indian National Academy of Engineering (3) Fellow National Academy of Science, India (4) Fellow Institute of Electronics and Telecommunication Engineers (5) Fellow Optical Society of India (6) `Excellence in Teaching Award' IIT, Bombay 2004. (7) Programme Chair for International Conference Photonics 2002. (8) Advisor, Sixth International Infrastructure Business Summit and Expo, TELECOM India 2004. (9) Senior Member IEEE since 1992. (10) Member International Astronomical Union. (11) Member Astronomical Society of India (12) Hon.Editor IETE Special Issue on `Next Generation Networks' 2008. (13) Editor IETE Jouornal of Education. (14) Member of Technical Programme Committees for many International and National conferences. (15) Graduate Fellow University of Nebraska, Lincoln, USA. Major Academic Achievements: Contribution made in wide areas like Radio Astronomy and Antennas, Fiber Optic Communication, Image processing, and Distance Engineering Education. A text book on `Electromagnetic waves' and a monograph on `Transmission lines' published by McGraw Hill Education India. ::: Downloaded on - 09/06/2013 15:52:12 ::: 9 Design and development of a large Decameter Wave Radio Telescope in India. Establishing a Centre for distance learning at IIT Bombay. Development of Image processing and data analysis software for low frequency radio astronomy. Study of the Sun microwave observations using the largest radio telescope, the Very Large Array at New Mexico. Modeling and reconstruction of othe 3-D structure of solar active regions and solar flares, and estimation of the solar parameters. Study of flare stars to establish non-thermal radiation during non-flaring periods. Development of Maximum Entropy Image restoration algorithm for polarized images of the Sun obtained with phase unstable aperture synthesis data. Establishing an advanced Fiber Optic laboratory at IIT Bombay. Development of generalized frame work for designing various types of optical fibers like the ultra-low dispersions fibers, dispersions compensating fibers, large effective area fibers etc. Innovative idea of optically controlled semiconductor antennas and study of optically controlled microwave devices. Innovative use of deconvolution algorithm for detection of straight lines in a digital image. Books : 1. "Electromagnetic Waves", Published by Tata McGraw Hill, 2005. An Undergraduate text book for Electronics and ::: Downloaded on - 09/06/2013 15:52:12 ::: 10 Telecommunication Engineering students. 2. "Transmission Lines" Ed. With V. Ramchandran and K. Shankar, IETE Publication, Tata McGraw Hill 1998. A reference book. E-material : 1. "Electomagnetiv Waves and Transmission Lines", Video Lectures, NPTEL, MHRD, Govt. of India. (Available on Youtube) 2. "Fiber Optic Communication", Video Lectures for a full PG course. 3. "Electromagnetic Waves and Transmission Lines", Interactive Web course for UG programme, NPTEL, MHRD, Govt. of India. 4. "Fiber Optic Communiction" interactivie Web course for UG/PG programme, NPTEL, MHRD, Govt. of India. Paper published in Professional Journals and Proceedings: More than 130 papers published in the areas of Fiber optics, Radio Astronomy, Antennas, Image processing etc. (list attached). Thesis/Dissertations guided : (List attached) Ph.D. 13+4 in progress M.Tech 41 B.Tech >50 M.Sc. 2 Short term courses conducted under Continuing Education Progam: (a) Fibre optic communication and Photonics(5 days)Four times (b) Image processing (5 days) (c) Antennas (3 days) (d) Satellite communication (3 days) (e) Telematics (5 days)Two times ::: Downloaded on - 09/06/2013 15:52:13 ::: 11 (f) Computational Electromagnetics (5 days) (g) Electromagnetic Wages (5 days)Three times (h) Many invited talks in short term courses on Antennas, Image processing, Finer optic communication, Electromagnetics, etc. Sponsored Projects handled : (a) National Project for Technology Enhanced Learning (NPTEL- II and III), under the MHRD. (b) National Project for Technology Enhanced Learning (NPTEL- I), under MHRD. (c) Fibre optic communication by Ministry of Human Research Development, India. (d) MIC Tapered slot antenna under Defence Science and Technology Research, India. (e) Fibre optic communication and photonic switching Ministry of Human Research Development, India. (f) VLSI designing of picture processing unit for DTV under Department of Electronics, India. (g) Wavelength Division Multiplexed fibre optic links under All India Council of Technical Education, India. (h) Optically controlled Semiconductor Antenna under Department of Electronics, Govt. of India. Consultancy Projects : Academic: Setting up Fiber Optics Laboratory at IIT, Mumbai. Development of a 20 min. video program on fibre optics for UGC. Continuing Education Program. Development of educational software to effectively demonstrate the concepts of Electromagnetic Waves. Development of grahical package to bring out concepts of fibre optic communication more effectively. Development of CAD for Microwave Amplifier Design. Development of Beam Propagation software for non-linear pulse propogation in a fiber. FEM program for analyzing dispersion characteristics of a fiber with arbitrary refractive index profile. ::: Downloaded on - 09/06/2013 15:52:13 ::: 12 Administrative : Member, ICT mission project of MHRD. National Principal Coordinator for developing e-learning material for entire curriculum in Electronics and Telecommunication Engineering. Member, AICTE committee for revision of NBA norms according to the Washington Accord. Member of Accreditation team to NITs. Expert Member, Selection Committees of DTE, Mumbai University. Expert Member, IITs, NITs, DA-IICT, Gujarat University. Member, Academic Board, College of Engineering, Pune. Member, Academic Committee for ExTC, College of Engineering, Pune. Member, Advisory Board, VJTI, Mumbai. Member, Academic Council, Babasaheb Ambedkar Technical University, Lonere. Member, Senate of SGGS College of Engineering, Nanded. Member, Advisory Council, KJ Somaiya College, Mumbai University. External Expert, Department of Technical Education, Maharashtra. Member, Research Advisory Committees, SAMEER, Bombay. Member, Board of Studies, University of Goa. Served as Member of Departmental Under Graduate Committee, Department of Electrical Engineering, IIT, Bombay. Served as Member of Under Graduate Programme Committee of IIT, Bombay. Served as external expert for DRDO, RAC over a period of 1991-1994. Served as external expert for Goa, Public Service Commission. Served as external expert for State Bank of India, Bombay. Served as examiner in GATE and other IIT's and Universities. Member of Scientific Advisory Committee SAMEER, Mumbai. External Expert for Indian Space Research Organization, ::: Downloaded on - 09/06/2013 15:52:13 ::: 13 Bangalore. Extracurricular Activities: Music : Bachelor of Music degree in Hindustani Classical music (Sitar) from Kheragadh University. Hindi Poem Writing, Painting etc." 10. Besides the educational qualifications and experience referred to in the resume, in reply affidavit, Respondent No.4 has asserted that, he has received various awards and honors and have also performed various academic activities. Further, 13 students were registered under him, who have been awarded Ph.D and 4 students of Ph.D. are undertaking their research under his guideship. He has stated that he has also guided 35 students of M.Tech. and written books and published various papers in the subject of his specialization. 11. Further, the reply filed on behalf of Respondent No.2 relies on letter dated 24.3.2010 sent by the Director of Indian Institute of Technology, Bombay to the Governor, Maharashtra State, which reads thus :- "No.AO/Staff/O-968/2010 24th March, 2010 Sub:- Administrative Positions held by Prof. R.K. Shevgaonkar at IIT Bomnbay. Respected Sir, ::: Downloaded on - 09/06/2013 15:52:13 ::: 14 With reference to an enquiry from your Office on the above subject, I am to inform you that Prof. Shegaonkar joined this institute as Assistant Professor on 18th December 1987 and subsequently he was appointed as Professor w.e.f. 6th November 1990 int he Department of Electrical Engineering. Prof. Shevgaonkar has held the following administrative positions at a level Head of the Department and above at the Institute (the administrative positions are by rotation normally for a period of three years). - Dean (Student Affairs) w.e.f. 26.2.1998 to 10.8.2000 - Head, Department of Electrical Engineering w.e.f. 18.12.2003 to 21.11.2005. - Dean (Resource ig Mobilization) w.e.f. 25.10.2005 to 03.09.2008. - Dy. Director (Finance & External Affairs) w.e.f. 4.9.2008 till date. With warm regards, Yours sincerely, Sd/- [D.V. Khakhar)" This communication gives information regarding the administrative experience of Respondent No.4. 12. Significantly, the above details furnished by Respondent Nos.2 and 4, as the case may be, with regard to the educational qualifications and working experience of Respondent No.4, the correctness thereof has not been put in issue before us. The argument is that taking the said information as it is, Respondent No.4 does not possess the essential qualifications and experience as envisaged in the said order dated ::: Downloaded on - 09/06/2013 15:52:13 ::: 15 27.5.2009. In the circumstances, we have to straightway turn to the provisions in the Act of 1994, which governs the subject of eligibility for appointment to the post of Vice-Chancellor. Prior to March, 2009, unamended Section 12 of the Act of 1994 dealt with the subject of appointment of Vice-Chancellor. However, having noticed the short comings in the said provision, the Governor of Maharashtra issued an Ordinance dated 24.3.2009, amongst other, so as to amend Section 12 of the Act of 1994. It is not in dispute that this amended Section 12 as per the said Ordinance, has lateron become the Act passed by the State Legislature. Section 12 as amended, which is relevant to examine the point in issue raised before us, reads thus : "12.(1). The Vice-Chancellor shall be appointed by the Chancellor in the manner stated hereunder ;- (a) There shall be a Committee consisting of the following members to recommend suitable names to the Chancellor for appointment of Vice-Chancellor, namely :- (i) a member nominated by the Chancellor, who shall be the retired Judge of the Supreme Court or retired Chief Justice of a High Court or an eminent scientist of national repute or a recipient of Padma Award in the field of education ; (ii) the Principal Secretary of Higher and Technical Education Department or any officer not below the rank of Principal Secretary to Government nominated by the State Government ; (iii) the Director or Head of an institute or organisation of national repute, such as, Indian Institute of Technology, Indian Institute of Management, Indian Institute of Science, Indian Space Research Organisation or National Research Laboratory, nominated by the Management Council and the Academic Council, jointly, in the manner specified by the State Government by an order published in the Official Gazette ; ::: Downloaded on - 09/06/2013 15:52:13 ::: 16 (b) The member nominated by the Chancellor shall be the Chairman of the Committee ; (c) The members nominated shall be the persons who are not connected with the University or any college or any recognised institution of the University ; (d) No meeting of the Committee shall be held unless all the three members of the Committee are present." (b) for sub-section (3), the following the sub- sections shall be substituted, namely ;- "(3) The Committee shall recommend a panel of not less than five suitable persons for the consideration of the Chancellor for being appointed as the Vice-Chancellor. The names so recommended shall be in alphabetical order without any preference being indicated. The report shall be accompanied by a detailed write up on suitability of each person included in the panel. (3A) A person recommended by the Committee for appointment as a Vice-Chancellor shall , - (a) be an eminent academician or an administrator of high caliber ; (b) be able to provide leadership by his own example ; (c) be able to provide vision and have ability to translate the same into reality in the interest of students and society ; and (d) possess such educational qualifications and experience as may be specified by the State Government, by an order published in the Official Gazette, in consultation with the Chancellor. (3B) The eligibility conditions and the process for recommendation of names for appointment as Vice-Chancellor shall be given wide publicity to ensure the recommendation of most suitable candidates." " ::: Downloaded on - 09/06/2013 15:52:13 ::: 17 Clauses (a) to (c) of sub-Section (3A) defines the broad qualities to be possessed by the person to be appointed as Vice- Chancellor of the University. Sub-clause (d) thereof envisages that the person should possess such educational qualifications and experience, as may be specified by the State Government, by an order published in the Official Gazette, in consultation with the Chancellor. Sub-section (3B) contemplates that wide publicity should be given of eligibility conditions and process for recommendation of the names for appointment to the post of Vice-Chancellor of the University to ensure the recommendation of most suitable candidates. 13. In exercise of powers contained in Section 12(3A) (d) of the said Act, the State Government has issued an Order dated 27.5.2009, which was published in the Official Gazette providing for educational qualifications and experience, the same reads thus :- "HIGHER AND TECHNICAL EDUCATION DEPARTMENT Mantralaya, Mumbai 400-032, dated the 27th May 2009 ORDER
MAHARASHTRA Universities ACT, 1994 -
No.Rajabh-2009/(71/09)/VE-2. -- Whereas, the Vice-Chancellor of a University is the principal academic and executive officer of the University, and is responsible for development of the academic programmes and general administration of the University for ensuring efficiency and good order of the University;
And whereas, the Vice-Chancellor is required to ensure the highest level of education and encouraging good quality ::: Downloaded on - 09/06/2013 15:52:13 ::: 18 research, collaborative arrangements, extension activities and appropriate technological and infrastructural resource base, etc. And whereas, the Vice-Chancellor is required to shape up the overall personality of the students in line with the National and Social priorities, And whereas, having regard to the position of the Vice- Chancellor as aforesaid, it is expedient to provide a person being appointed shall possess certain qualifications and experience ;
Now, therefore, in exercise of the powers conferred by clause
(d) of sub-section (3A)of section 12 of the Maharashtra Universities Act, 1994 (Mah.XXXV of 1994) ; and of all other powers enabling it in that, the Government of Maharashtra, in consultation with the Chancellor, hereby ;(1)
specifies that the person being recommended by the Committee shall possess the essential qualifications and experience as set out in part "A" of the Scheduled appended hereto ; and may possess desirable experience, expected skill and competencies as set out in Part B and part C, respectively of the said Schedule ;
(2) directs that the manner in which the application shall be submitted shall be such as set out in Part D of the said Schedule.
Schedule PART 'A' Essential Qualification and Experience -
(1) Earned Doctorate in any discipline and good academic record.
(2) Experience in the field of Higher Education of at least 15 years in teaching and research in a University/well-
established institution of repute and/or at the undergraduate and post-graduate level.
(3) Minimum of five research publications in peer- reviewed/referred international research journals after Ph.D. and/or published quality books in a recognised discipline, referenced for study in higher education at the National/International level.
(4) At least 5 years of administrative experience in the ::: Downloaded on - 09/06/2013 15:52:13 ::: 19 field of Higher Education not below the rank of Professor and Head of the Department in a University/Principal in Professor's Grade of a Senior College/Head of a national/international institution of Advanced Learning.
(5) Execution of at least one major research project.
(6) Experience of working with international bodies or international exposure through participation in workshops, seminars or conferences held outside the country.
(7) Experience of organizing events such as workshops seminars, conference at an international level within the country in the field of higher education.
(8) Demonstrated experience in leadership.
ig PART "B" Desirable Experience - (1) Experience of working on the Statutory Authoritie3s
of a University such as Board of Studies, Academic Council, Management Council or Executive Council of Board of Management, Senate, etc. ;
(2) Demonstrable experience of handling Quality issues, assessment and accreditation procedures, etc. :
(3) Experience to guide Ph.D. Students ;
(4) Experience at the State or national or international level in handling youth development work such as organising student-centric activities for their all-round development and for providing them rich campus life as envisaged in the Maharashtra Universities Act.
Expected Skills and Competencies -
(1) Technical Skills - (i) Openness towards technology and a deep
conviction regarding its potential applications in a knowled- based settings ;
(ii) Reasonably high level of comfort in the use of ::: Downloaded on - 09/06/2013 15:52:13 ::: 20 technology ;
(2) Managerial Skills - (i) Ability to anticipate issues and problems and prepare advance strategic plans ; (ii) Ability to generate resources and allocate the same appropriately ; (iii) Capacity to work effectively under pressure and
manage work and resources within tight deadlines ;
(iv) Good understanding of financial management including revenue generation, planning and fiscal control ;(3)
Alignment with corporate objectives and State as well as National level priorities -
(i) Ability to identify the needs of the communities in key sectors ;(ii) Deep understanding of the challenges before the National and how Higher Education can respond to developmental needs ;(iii) Demonstrable understanding of curriculum development issues especially those relating to widening participation and social inclusion ;(4) Leadership skills - (i) Exceptional ability to motivate a divers group of stakeholders ; (ii) Keen desire to further the mission and goals of the organization ; (iii) Ability to think strategically and innovatively and maintain a broad perspective ; (iv) Ability to lead by personal example withopenness to new ideas and a consultative approach in implementation of the same ;
(5) Interpersonal communication and collaborative skills -::: Downloaded on - 09/06/2013 15:52:13 ::: 21(i) Demonstrable success in developing and executing National and International collaborative arrangements ;(ii) Ability to interact effectively and persuasively with a strong knowledge-base at senior levels and in large forums as well as on a one to-one basis ;(iii) Evidence of being an active member of professional bodies and associations in pertinent fields.PART "D"Procedure for the Search Committee for considering prospective candidates -(1)The Search Committee may identify on its own or on recommendations of eminent academicians the prospective candidates.(2) Apart from this, the Search Committee may also consider applications received by it.(3) The prospective candidates/applications must provide a detailed chronological Resume' that reflects their qualifications, experience and achievements. Additionally, they should provide a summary description of fulfilling the essential requirements and justifying their competency for the position of Vice-Chancellor in the context of the specific skills and competencies listed herein to facilitate the search Committee to judge competency/suitability of the candidate.(4) The Search Committee may relax any condition in case of deserving candidate.By order and in the name of the Governor of Maharashtra, J.S. SAHARIA, Principal Secretary to Government"14. The fulcrum of the challenge revolves around clause (1) of the said Order dated 27.5.2009, which envisages that the person for being recommended by the Search Committee "shall" possess the essential ::: Downloaded on - 09/06/2013 15:52:13 ::: 22 qualifications and experience as set out in Part "A" of the schedule appended to the said Order and "may" possess desirable experience, expected skills and competencies, as set out in Parts "B" and "C"
respectively of the said Order. In the present case, the emphasis was on non-fulfillment of the requirements of only clause (4) of Part "A" of the schedule. In so far as the essential qualifications and experience specified in clauses (1) to (3) and (5) to (8) of Part "A" are concerned, the same was not put in issue at all. There can be no doubt that the qualification and experience specified in Part "A" of the schedule to the said order dated 27.5.2009, is mandatory. For, clause (1) of the said Order uses the expression "shall" possess the essential qualifications and experience as set out in Part "A". In absence of such qualification and experience possessed by the candidate, he would be in-eligible for being considered to the coveted post of Vice-Chancellor of the University.
15. As aforesaid, the only question is whether Respondent No.4 possessed the mandatory qualifications and experience referred to in clause (4) of Part "A" of the schedule. We would therefore, turn to the said provision. In the first place, we may mention that the English translation of the said Order dated 27.5.2009 as published in the Official Gazette is neither happily worded, nor can be said to be accurate translation of the Marathi version. Going by the Marathi version, it appears that the essential qualifications and experience specified in clause (4) of Part "A" are :"1) The incumbent must have experience in the field of higher ::: Downloaded on - 09/06/2013 15:52:13 ::: 23 education not below the rank of professor.AND2) He should possess at least five years of administrative experience in the field of higher education as :-a) Head of the Department in "a University"; orb) Principal (in professor's grade) of a senior college ; orc) Head of a national/international institute of Advanced Learning."
In the present case, the fact that Respondent No.4 possesses the qualification of experience in the field of higher education not below the rank of professor, is not in issue at all. In that sense, the first requirement of clause (4) is fulfilled. However, clause (4) as aforesaid, also mandates that the incumbent should possess at least five years of "administrative experience" in the field of Higher Education in any of the stated official capacity of 2(a) to (c) above. In our view, the grouping of official positions held by the candidates for reckoning his administrative experience in the posts held by him as referred to in clauses 2(a) to (c) above are incomparable. In that, there can be no comparison between the status and experience gained as Head of the national/international institution of Advanced Learning or for that matter as the Head of the Department in a University on the one hand, and only that as a Principal (in professor's grade) of ::: Downloaded on - 09/06/2013 15:52:13 ::: 24 "any senior college". However, we do not think it necessary to delve upon this matter any further, as the provision articulated is the outcome of the prerogative exercised by the State Government in terms of section 12 (3A) (d) of the Act of 1994. In the present case, we are not concerned with the position held by the incumbent, as specified in clauses 2(b) and (c) above. For, it is common ground that Respondent No.4 was considered as eligible on account of his administrative experience in the field of Higher Education as a Head of the Department in a University.
16. The moot question canvassed before us on behalf of the Petitioner is that Respondent No.4 was working in an institution which only has the status of an institution of national importance and not a University as such; and more particularly amongst the Universities referred to in the schedule to the Act of 1994. The latter argument is primarily founded on the definition of the term "University" contained in the Act of 1994. Section 2(36) defines the term University, which reads thus :-
"2. Definitions :- In this Act unless the context otherwise requires -
(36) "University" means any of the Universities mentioned in the Schedule."
We may therefore usefully refer to the Schedule to Act of 1994. The Schedule to the Act of 1994 reads thus :-::: Downloaded on - 09/06/2013 15:52:13 ::: 25"THE SCHEDULE [SEE SECTION 3(1) AND 6(1)] PART I Name of the existing Name of the University area University corresponding University under this Act
1. [The University of Mumbai The University of the Districts of constituted under the Mumbai. (1) [City of Mumbai University Act, Mumbai] 1974 (Mah.XXII of 1974); (2) [Mumbai Suburban] (3) Raigad ig (4) Thane (5) Ratnagiri (6) Sindhudurg
2. The University of Poona, The University of Districts of constituted under the Pune (1) Pune Poona University Act, (2) Ahmednagar 1974 [Mah.XXIII of 1974] (3) Nashik
3. The Shivaji University, The Shivaji University Districts of constituted under the (1) Kolhapur Shivaji University Act, (2) Sangli 1974 [Mah.XXIV of 1974]; (3) Satara (4) Solapur 4, The Dr. Babasaheb The Dr. Babasaheb Districts of Ambedkar Marathwada Ambedkar (1) Aurangabad University, constituted Marathwada (2) Jalna under the Marathwada University. (3) Beed University Act, ,1974 [Mah.XXX of 1974];
5. The constituted under the [The Rashrasant Districts of Act, 1974 [Mah.XXVI of Tukadoji Maharaj (1) Nagpur 1974]; Nagpur University] (2) Bhandara (3) Chandrapur (4) Gadchiroli (5) Wardha ::: Downloaded on - 09/06/2013 15:52:13 ::: 26
6. The Shreemati Nathibai The Shreemati The State of Damodar Thackersey Nathibai Damodar Maharashtra Women's University, Thackersey Women's constituted under the University Shreemati Nathibai Damodar Thackersey Women's University Act, 1974 [Mah. XXVII of 1974];7. The Amravati University [The Sant Gadge Districts of constituted under the Baba Amravati (1) Amravati Amravati University Act, University] (2) Akola 1983 [Mah. XXXVII of (3) Buldhana 1983]; (4) Yavatmal [(5) Washim.] 8. The North Maharashtra University, constituted under the North The North Maharashtra University Districts of (1) Jalgaon (2) Dhule Maharashtra University [(3) Nandurbar] Act, 1989 [Mah. XIX of 1989]; PART II [SEE SECTION 3(2)] Name of New University University Area (1) (2) 1. The Swami Ramanand Teerth Marathwada Districts of .. University (1) Nanded (2) Parbhani (3) Latur [(4) Hingoli]
What is significant to notice is that the definition of "University"
refers to the Universities mentioned in the schedule and the schedule in turn has been introduced as required by Sections 3(1), 6(1) and 3(2) respectively.::: Downloaded on - 09/06/2013 15:52:13 ::: 27
17. The question is: whether the definition of "University" contained in the Act of 1994 would control the expression "a University" occurring in part "A" of the schedule to the said order dated 27.5.2009. In the first place, the definition contained in section 2(36) of the Act of the term "University" is obviously in the context of the specified Universities in the schedule in terms of section 3(1) or 3(2) of the Act of 1994 and to provide for territorial limits within which the powers conferred upon the concerned University by Act of 1994 to be exercised as per section 6(1) of the said Act. It is for that reason, the term University has been defined in the context of sections 3(1), 3(2) and 6(1) of the said Act. We cannot be oblivious of the fact that the opening part of section 2 makes it amply clear that unless the context otherwise requires, the term University should be understood accordingly. Further, considering the provision contained in Section 12(3A) of the Act, which postulates that a person to be recommended by the Search Committee for appointment as a Vice-
Chancellor should be an eminent academician or an administrator of high caliber who will be able to provide leadership by his own example and be able to provide vision and have ability to translate the same into reality in the interest of students and society, intrinsic in it is the intent of the Legislature to select the most suitable candidate without limiting the choice only amongst the candidates who have had administrative experience in the field of Higher Education in the Universities referred to the Schedule to the Act of 1994. Whereas, section 12(3B) reinforces the view that "any eligible candidate" having specified educational ::: Downloaded on - 09/06/2013 15:52:13 ::: 28 qualifications and experience may be considered. That provision mandates that wide publicity should be given of the eligibility conditions and the process for recommendation of names for appointment as Vice-Chancellor so as to ensure the recommendation of most suitable candidates. The expression "give wide publicity" denotes that the information regarding the commencement of the process for recommendation of names for appointment as Vice-Chancellor of a given University needs to be widely distributed or disseminated - which can be not only across the Country but can also be across the globe - with primary object of selecting the most suitable candidate for appointment to the coveted post of Vice-
Chancellor, who would fulfill the aspirations of that office as the principal academic and executive officer of the University. Taking any other view would result in rewriting of Section 12(3A) and in any case a pedantic approach. We say so because even the said Order dated 27.5.2009 issued by the State Government, in exercise of powers under Section 12(3A) (d) also restates that the Vice-Chancellor of a University is the principal academic and executive officer of the University, and is responsible for development of the academic programmes and general administration of the University for ensuring efficiency and good order of the University and is also required to ensure the highest level of education and encouraging good quality research, collaborative arrangements, extension activities and appropriate technological and infrastructural resource base and to shape up overall personality of the students in line with the National and Social priorities. Thus, we have no hesitation in taking a view that giving restricted meaning to the term "a University"::: Downloaded on - 09/06/2013 15:52:13 ::: 29
occurring in the said Order dated 27.5.2009 would be a pedantic approach and defeat the intent of the State Legislature in selecting the most suitable candidates, but would also result in re-writing of the said provision.
18. Keeping in mind the expectations of the State Legislature and the State Government of appointing most suitable candidate to the post of the Vice-Chancellor of the University governed by the Act of 1994, limiting the choice only to the Head of the Department in the Universities referred to in the schedule to the Act of 1994, would be destructive and not in the larger interests. The incumbent should not only be a person who has excelled in his field as not below the rank of Professor in Higher Education, but is also a role model and visionary with capability of translating his vision into the development of the academic programme and general administration of the University.
19. We cannot gloss over the fact that the Act of 1994 was essentially enacted to provide for a unified pattern for the constitution and administration of non-agricultural and non-technological Universities in the State of Maharashtra and to make better provisions therefor. The Central Government and the Maharashtra Government had appointed various committees and study groups with a view to consider and recommend the measures for better governance of such Universities and reorganisation of higher education. The Act of 1994 was the out come of the recommendations made by these committees and the groups, and ::: Downloaded on - 09/06/2013 15:52:13 ::: 30 experience gained in implementing the then prevailing University Acts which were specific to the enlisted Universities referred to in the schedule to the Act of 1994 spread over across the State of Maharashtra. It was felt necessary to make provisions to enable each such University to effectively carry out with responsibility the objects of the University, to promote more equitable distribution of facilities for Higher Education, to provide for more efficient administration, financial control, better organisation of teaching and research, to ensure proper selection and appointment of teachers and other employees, to provide for representation of students and teachers on various bodies of the University to take measures for curbing or for eradicating undesirable non-academic influences detrimental to maintenance of discipline and standards of education or academic excellence in the Universities and to provide for matters connected with or incidental thereto, as is evident from the preamble of the Act of 1994.
Therefore, it was considered expedient to unify, consolidate and amend the law relating to such Universities in the State - referred to in the schedule to the Act of 1994, which were then governed by separate enactments, Statutes and Ordinances. In that context, the term "University" has been defined in Section 2(36) of the Act. Section 3 of the Act deals with the incorporation of those specified Universities. Section 6 deals with the jurisdiction and admission to privileges of the specified Universities. The definition of University in Section 2(36) will be of no avail to construe the term "Other University" or "Universities" and more particularly "a University" occurring in the other parts of the Act or for that matter the said Order dated 27.5.2009. On the other hand, the term "a University" found in ::: Downloaded on - 09/06/2013 15:52:13 ::: 31 the said Order dated 27.5.2009 will have to be reckoned as Universities including the ones referred to in the schedule to the Act of 1994 as well.
We are fortified in taking this view as the expression "other University", "Universities" appear in the other parts of the enactment of 1994. Section 5 of the Act deals with the powers and duties of University. Obviously, the term University referred to therein will have to be understood in the context of the Universities specified in the schedule to the Act of 1994. The powers and duties of the specified Universities, amongst others, notably sub-
section (42) of section 5 of the said Act, provides that the specified Universities have power and duty to co-operate or collaborate with "any other University", institution, authority or organisation for research and advisory services and for such purposes to enter into appropriate arrangement with "other Universities", institutions, authorities, or organisations to conduct certain courses as the situation may demand.
Sub-section (47) of Section 5 provides that specified Universities shall have power and duty to undertake academic collaboration programmes "with Universities and institutions abroad", with the approval of the State Government. Similarly, we find that in sub-section (55) and sub-section (56), it is provided that the specified Universities would promote by itself, or in co-operation with "other Universities" undertake activities referred to therein. Consistent with the said powers and duties of the University, we find that section 28, clause (p) thereof, postulates that the powers and duties of Management Council of the University, amongst others, make Regulations for collaboration with "other Universities", institutions and organisations for mutually beneficial academic programmes recommended ::: Downloaded on - 09/06/2013 15:52:13 ::: 32 by the Board of College and University Development. Suffice it to observe that the term "University" appearing in the Act of 1994 or the Rules framed thereunder as also the Order issued by the State Government, in exercise of powers under the said enactment, cannot be limited to the Universities specified in the schedule to that Act "for all purposes". In the said Order dated 27.5.2009, it mentions the term "a University", which will have to be construed in broader sense of the term University and not limited to the Universities referred to in the schedule to the Act of 1994.
20. As mentioned earlier, the purpose of the Act of 1994 was to unify, consolidate and amend the law relating to such Universities in the State of Maharashtra referred to in the schedule to the Act. If the strict interpretation given by the Petitioner were to be accepted keeping in mind that before the enactment of the Act of 1994, since each of these Universities were governed by the respective enactments, the incumbent to be considered for the appointment to the post of Vice-Chancellor could have been only from amongst the Head of the Department in the same University ; and after the enactment of Act of 1994, the choice would be between the Head of the Department in the nine Universities specified in the schedule to the said Act of 1994. That would be limiting the choice from amongst the Head of the Department in only specified nine Universities. Such interpretation does not further the intent and object of the Act of 1994 of selecting the most suitable candidate, who should be a role model and visionary and has the requisite administrative experience in the Institution at national or international level. If the intention of the ::: Downloaded on - 09/06/2013 15:52:13 ::: 33 Legislature of the enactment of the said Act or the sub-ordinate State Legislation was to limit the choice only amongst the candidates associated with the nine scheduled Universities, there was no reason to provide for the administrative experience as a Head of a national/international Institution of Advanced Learning. By the very nature of clause (4) of Part "A" of the schedule in the said Order dated 27.5.2009, if read as a whole, conjoint with section 12 (3B) of the Act, which mandates that the eligibility conditions and process for recommendation of names for the appointment as Vice-Chancellor shall be given wide publicity, the inevitable conclusion is that it would be a pedantic approach to give restricted interpretation to the term "a University" to mean only the Universities referred to in the schedule to the Act of 1994. The said interpretation cannot be countenanced in the context of the avowed object of selecting most suitable candidate to be appointed as Vice-Chancellor of the University.
21. The counsel for the Petitioner would however, contend that it is not open to this Court to adopt such interpretation for more than one reason. Firstly, because the definition of the term "University" is not an inclusive definition. It is an express provision as to which Universities can be treated as University for the purpose of the Act of 1994. Secondly, the term "a University" appearing in the said Order dated 27.5.2009 which is a sub-ordinate legislation, cannot be given wider meaning than the express meaning given in the Act of 1994. None of these submissions commend to us. We have already analysed the purport of term "University" as defined in section 2(36). Besides, we have also noticed that the said definition will ::: Downloaded on - 09/06/2013 15:52:13 ::: 34 have to be understood in the context otherwise requires. In so far as amended section 12 of the Act of 1994 is concerned, the same does not limit the selection of a person from amongst the persons who were officials in or associated with the University specified in the schedule to the Act of 1994. Understood thus, the interpretation of the term "a University"
occurring in the said Order dated 27.5.2009 which is a sub-ordinate Legislation, is neither inconsistent nor is in conflict with section 12 of the Act of 1994. Instead, it would further the object of section 12 of the Act and the Legislative intent of enacting the same.
22. Counsel for the Petitioner has placed reliance on the decision of the Apex Court in the case of Ispat Industries Ltd. v. Commissioner of Customs, Mumbai, reported in (2006) 12 SCC 583, in particular paragraphs 26 to 29 thereof. The same reads thus :-"26. In our opinion if there are two possible interpretations of a rule, one which subserves the object of a provision in the parent statute and the other which does not, we have to adopt the former, because adopting the latter will make the rule ultra vires the Act.27. In this connection, it may be mentioned that according to the theory of the eminent positivist jurist Kelsen (the pure theory of law) in every legal system there is a hierarchy of laws, and whenever there is conflict between a norm in a higher layer in this hierarchy and a norm in a lower layer, the norm in the higher layer will prevail (see Kelsen's The General Theory of Law and State).28. In our country this hierarchy is as follows:(1) The Constitution of India;::: Downloaded on - 09/06/2013 15:52:13 ::: 35(2) The statutory law, which may be either parliamentary law or law made by the State Legislature;(3) Delegated or subordinate legislation, which may be in the form of rules made under the Act, regulations made under the Act, etc.;(4) Administrative orders or executive instructions without any statutory backing.29. ......................................................................................Hence, if there is any conflict between the provisions of the Act and the provisions of the Rules, the former will prevail. However, every effort should be made to give an interpretation to the Rules to uphold its validity. This can only be possible if the Rules can be interpreted in a manner so as to be in conformity with the provisions in the Act, which can be done by giving it an interpretation which may be different from the interpretation which the rule could have if it was construed independently of the provisions in the Act. In other words, to uphold the validity of the rule sometimes a strained meaning can be given to it, which may depart from the ordinary meaning, if that is necessary to make the rule in conformity with the provisions of the Act. This is because it is a well-settled principle of interpretation that if there are two interpretations possible of a rule, one of which would uphold its validity while the other which would invalidate it, the former should be preferred. "
23. For the reasons already recorded, it is not a case of the two possible interpretations of the expression "University" appearing in Section 2(36) of the Act of 1994 or for that matter expression "a University" in the said Order dated 27.5.2009 which is a sub-ordinate Legislation; nor the interpretation given by us can be said to be in conflict with the provisions of the Act as such. At the same time, this interpretation would subserve the object of the provisions contained in section 12 of the said Act of 1994. The strict interpretation given by the Petitioner, if accepted, would not only lead to absurdity but will be destructive of the object underlying section 12 of the ::: Downloaded on - 09/06/2013 15:52:13 ::: 36 said Act and the Order issued by the State Government dated 27.5.2009.
Accordingly, the judgment pressed into service is of no avail.
24. The next question that needs to be addressed is whether the Institute of Technology in which Respondent No.4 was working, can be considered as "a University". Indeed, if that Institution were to qualify the status of University, the fact that it is not one of the Universities referred to in the schedule to the Act of 1994 will make no difference. For answering this controversy, we may now visit the provisions of the University Grants Commission Act, 1956 (hereinafter referred to as " the Act of 1956" for the sake of brevity). The term "University" has been defined in section 2(f) of the Act of 1956, which reads thus :-"2. .....................................(f). "University" means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the Commission in accordance with the regulations made in this behalf under this Act."
Indeed the institution in which Respondent No.4 was working can neither be said to be a university established or incorporated by or under a Central Act, Provincial Act or a State Act and recognized by the University Grants Commission as such. Further, the "institution" referred to in section 2(f) is obviously an institution in the concerned university with whose consultation the Commission would recognize that institution as university in accordance with the regulations made in this behalf under the said Act of 1956. Thus, the institution, in which Respondent No.4 was associated, cannot be said to be covered within the ambit of the definition ::: Downloaded on - 09/06/2013 15:52:13 ::: 37 of university under section 2(f) of the said Act of 1956 as such. Section 3 of the Act of 1956 envisages that the said Act would apply to the institutions for the higher studies other than the universities which shall be deemed to be a university for the purpose of that Act. Section 3 reads thus :-"3. Application of Act to institutions for higher studies other than Universities . - The Central Government may, on the advice of the Commission, declare, by notification in the Official Gazette, that any institution for higher education, other than a University, shall be deemed to be a University for the purposes of this Act, and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of Section 2."
Going by this provision, unless the institution for higher education other than the university is notified by the Central Act as a deemed university in the manner specified therein, the concerned Institute cannot claim the status of being a deemed to be university. The Central Government in exercise of powers under section 3 of the Act of 1956 has issued notification in the Official Gazette. The list of the institutions which have been declared as deemed to be universities for the purpose of that Act as on 23.6.2008, by the Ministry of Human Resource Department, Government of India, alongwith their MHRD/UGC approved Off-
Campus(s)/Institution(s) under Ambit/Off-Shore Campus(s), is displayed on the official website of the Commission. It does not refer to the Institutions of Technology established under the Institutes of Technology Act, 1961. The list of the institutions declared as deemed to be universities available on the University Grants Commission's official website, reads thus :-::: Downloaded on - 09/06/2013 15:52:13 ::: 38
Deemed University List of Institutions which have been declared as Deemed to be Universities (As on 23rd June, 2008) under section 3 of the UGC Act 1956 by Ministry of Human Resource Development, Government of India, along with their MHRD/UGC approved Off-Campus(s)/ Institution(s) under Ambit/Off-Shore Campus(s) Note :- Instructions issued related to the courses and allied courses started/ to be started by the Deemed to be Universities may be seen on the UGC website vide letter no. F.
6-1(11)/2006(CPP-I) dated 15th July 2006.Andhra Pradesh Arunachal Pradesh Bihar Chandigarh Delhi Gujarat Haryana Jharkhand Karnataka Kerala Madhya Pradesh Orissa Pondicherry ig Maharashtra Punjab Rajasthan Tamil Nadu Uttar Pradesh Uttrakhand West Bengal Year of S.No. Deemed University Establishme nt ANDHRA PRADESH
Gandhi Institute of Technology and Management (GITAM) Gandhi Nagar Campus, Rushikonda, Visakhapatnam-530
1. 13.08.2007 045 A.P.
International Institute of Information Technology Survey No. 25, Gachibowli, Ranga Reddy District,
2. 21.8.2001 Hyderabad-500 032 Andhra Pradesh Rashtriya Sanskrit Vidyapeeth
3. Tirupati-517 507 16.11.1987 A.P.
Sri Sathya Sai Institute of Higher Learning
4. Prasanthinilayam-515 134,District-Ananthpur 10.11.1981 A.P.
ICFAI Foundation for Higher Education
5. Hyderabad 16.12.2008 A.P.::: Downloaded on - 09/06/2013 15:52:13 ::: 39
Vignan's Foundation of Science, Technology & Research
6. Vallmudi, Guntur Distt A.P.
Koneru Lakshmaiah Education Foundation
7. Kunchanapalli Post, Vaddswaram Guntur District, Andhra Pradesh ARUNACHAL PRADESH TOP North Eastern Regional Institute of Science & Technology
8. Nirjuli, Itanagar, Dist - Papum Pare- 791 109 Arunachal Pradesh BIHAR TOP Bihar Yoga Bharati
9. Ganga Darshan, Fort, Munger-811 201 7.06.2000 Bihar Nava Nalanda Mahavihara
10. Nalanda - 803 111 13.11.2006 (Bihar) CHANDIGARH ig TOP Punjab Engineering College
11. Sector -12-160 012 16.10.2003 Chandigarh DELHI TOP Indian Agricultural Research Institute
12. Pusa Institute, Pusa-110 012 1958 New Delhi Indian Institute of Foreign Trade
13. B-21, Qutub Institutional Area-110 016 20.05.2002 New Delhi Indian Law Institute
14. Bhagwandas Road-110 001 29-10-2004 New Delhi Jamia Hamdard
15. Hamdard Nagar-110 062 10.05.1989 New Delhi National Museum Institute of History of Art, Conservation and Musicology, National Museum
16. 28.04.1989 Janpath-110 011 New Delhi National School of Drama, Bahawalpur House
17. 1 Bhagwandas Road-110 001 11.03.2005 New Delhi National University of Educational Planning & Administration
18. 11.08.2006 17-B, Sri Aurbindo Marg-110 016.
New Delhi Rashtriya Sanskrit Sansthana
19. 56, 57, Institutional Area, Janakpuri-110 058. 7.05.2002 New Delhi ::: Downloaded on - 09/06/2013 15:52:13 ::: 40 School of Planning & Architecture
20. Indraprashtha Estate, Block-B-110 002. 1979 New Delhi Shri Lal Bahadur Shastri Rashtriya Sanskrit Vidyapith
21. Qutub Institutional Area-110 016 16.11.1987 New Delhi TERI School of Advanced Studies
22. Darbari Seth Block, Habitat Place, Lodhi Road-110 003. 5.10.1999 New Delhi Institute of Liver and Biliary Sciences(ILBS)
23. D1,Vasant Kunj, New Delhi - 110070 . 24.06.2009 New Delhi GUJRAT TOP Gujarat Vidyapith
24. PO Navjivan, Ashram Road, Ahmedabad-380 014 16.07.1963 Gujarat Sumandeep Vidyapeeth
25. Village - Piparia, Taluka Vaghodia, District - Vadodara ig 17.01.2007 Gujarat HARYANA TOP Maharishi Markandeshwar University
26. Mullana, Ambala 12.06.2007 Haryana National Brain Research Centre
27. S.C.O. 5, 6, 7, Sector 15 (2), NH 8, Gurgaon -122 050. 20.05.2002 Haryana National Dairy Research Institute
28. Karnal-132 001 28.03.1989 Haryana Manav Rachna International University
29. Faridabad 21.10.2008 Haryana Lingaya's University
30. Nachauli, Old Faridabad, Jasana Road 05.01.2005 Faridabad,Haryana JHARKHAND TOP Birla Institute of Technology
31. Mesra, Ranchi-835 215 28.08.1986 Jharkhand Indian School of Mines
32. Dhanbad-826 004 18.09.1967 Jharkhand KARNATAKA TOP B.L.D.E. University
33. Bijapur 29.02.2008 Karnataka Indian Institute of Science
34. Bangalore-560 012 12.05.1958 Karnataka ::: Downloaded on - 09/06/2013 15:52:13 ::: 41 International Institute of Information Technology 26/c, Opp. Infosys (Gate - 1), Electronic City, Hosur Road,
35. 28.02.2005 Bangalore-560 100 Karnataka Jagadguru Sri Shivarathreeswara University Jagadguru Dr. Sri Shivarathri Rajendra Circle, Ramanuja
36. 28.05.2008 Road, Mysore-570 004 Karnataka Jawaharlal Nehru Centre for Advanced Scientific Research
37. Jakkur Campus, Jakkur, Bangalore-560 064 17.08.2002 Karnataka K.L.E. Academy of Higher Education and Research
38. J.N.Medical College Campus, Belgaum 13.4.2006 (Karnataka) Manipal Academy of Higher Education
39. Madhav Nagar, Udupi, , Manipal-576 104 1.06.1993 Karnataka National Institute of Mental Health & Neuro Sciences
40. Post Box No. 2900, Hosur Road, Bangalore-560 029 14.11.1994 Karnataka NITTE University
41. Mangalore 575 003 04.06.2008 Karnataka Sri Devraj Urs Academy of Higher Education and Research
42. B. H. Road, Tamaka, Kolar-563 101 25.05.2007 Karnataka Sri Siddhartha Academy of Higher Education
43. Tumkur district-572 102 30.05.2008 Karnataka Swami Vivekananda Yoga Anusandhana Samsthana No. 9, Appajappa Agrahara, Chamarajpet, Bangalore-560
44. 8.05.2002 018 Karnataka Yenepoya University
45. Mangalore 27.02.2008 Karnataka Christ Universitys
46. Hosur Road, Bangalore-560 029 22.07.2008 Karnataka Jain University
47. V.V. Puram, Bangalore 19.12.2008 Karnataka KERALA TOP Kerala Kalamandalam
48. Vallathol Nagar, Cheruthuruthy - 679 531, via Thrissur 14.3.2006 Kerala Indian Institute of Space Science and Technology
49. Thiruvananthapuram - 695 022 03.07.2008 Kerala MADHYA PRADESH TOP ::: Downloaded on - 09/06/2013 15:52:13 ::: 42 Indian Institute of Information Technology and Management
50. 26.03.2001 Gola Ka Mandir, Gwalior-474 005 M.P.
Lakshmibai National Institute of Physical Education
51. Shakti Nagar, Gwalior-474 002 21.09.1995 M.P.
Pandit Dwarka Prasad Mishra Indian Institute of Information Technology, Design & Manufacturing(PDPM-
52. IIITDM) 24.06.2009 IT Bhawan, Government Engineering College, Jabalpur Madhya Pradesh.MAHARASHTRA TOP Bharati Vidyapeeth
Bharati Vidyapeeth Bhawan, Lal Bahadur Shastri Marg,
53. 26.04.1996 Pune-411 030 Maharashtra Central Institute of Fisheries Education Fisheries University Road, 7 Bungalows, Andheri West,
54. 27.03.1989 Mumbai-400 061 Maharashtra D.Y. Patil Educational Society
55. Line Bazar, Kasaba, Bavada, Kolhapur-416 006 31.5.2005 (Maharashtra) Datta Meghe Institute of Medical Sciences
56. Atrey Layout, Pratap Nagar, Nagpur-440 022 24.05.2005 (Maharashtra) Deccan College Postgraduate & Research Institute
57. Pune-411 006 5.03.1990 Maharashtra Dr. D.Y. Patil Vidyapeeth
58. Sant Tukaram Nagar, Pimpri, Pune-411 018 11.01.2003 Maharashtra Gokhale Institute of Politics & Economics
59. BMC College Road, Deccan Gymkhana, Pune-411 004 07.05.1993 Maharashtra Homi Bhabha National Institute Regd. Office: Knowledge Management Group, Bhabha
60. Atomic Research Centre, Central Complex, Mumbai-400 03.06.2005 085 Maharashtra Indira Gandhi Institute of Development Research General Vaidya Marg, Santosh Nagar, Goregaon East,
61. 5.12.1995 Mumbai-400 065 Maharashtra Institute of Armament Technology
62. Girinagar, Pune-411 025 10.09.1999 Maharashtra International Institute for Population Sciences
63. Govandi Station Road, Deonar, Mumbai-400 088 31.07.1985 Maharashtra ::: Downloaded on - 09/06/2013 15:52:13 ::: 43 Krishna Institute of Medical Sciences
64. Malka Pur, Karad, Distt. Satara-415 24.05.2005 (M.S) MGM Institute of Health Sciences
65. MGM Campus, Sector-18, Kamothe, Navi Mumbai-410 209 30-08-2006 (M.S.) Narsee Monjee Institute of Management Studies
66. VL Mehta Road, Vile Parle West, Mumbai-400 056 13.01.2003 Maharashtra Padmashree Dr. D.Y. Patl Vidyapeeth
67. Vidya Nagar, Sector 7, Nerul, Navi Mumbai-400 706 20.06.2002 Maharashtra Pravara Institute of Medical Sciences
68. P.O.-Loni BK-413 736, District Ahmednagar 29.09.2003 Maharashtra SYMBIOSIS International University
69. Senapati Bapat Road, Pune-411 004 6.05.2002 Maharashtra Tata Institute of Fundamental Research
70. Homi Bhabha Road, Mumbai-400 005 7.05.2002 Maharashtra Tata Institute of Social Sciences
71. VN Purav Marg, Deonar, Mumbai-400 088 29.04.1964 Maharashtra Tilak Maharashtra Vidyapeeth
72. Vidyapeeth Bhawan, Gultekedi, Pune-411 037 28.04.1987 Maharashtra Institute of Chemical Technology
73. Matunga, Mumbai 28.04.1987 Maharashtra ORISSA TOP Kalinga Insitute of Industrial Technology
74. AT/PO KIIT Patia, Khurda, Bhubaneshwar-751 024 26.06.2002 Orissa Shiksha 'O' Anusandhan, 224, Dharmavihar
75. Khandagiri, Bhubaneswar- 751 030 17.07.2007 Orissa PUNJAB TOP Sant Longowal Institute of Engineering and Technology (SLIET)
76. 10.04.2007 Longowal, District Sangrur 148 106 Punjab Thapar Institute of Engineering & Technology Thapar Technology Campus, Bhadson Road, Patiala-147
77. 30.12.1985 004 Punjab PONDICHERRY TOP ::: Downloaded on - 09/06/2013 15:52:13 ::: 44 Sri Balaji Vidyapeeth Mahatama Gandhi Medical College Campus
78. Pondy-Cuddalore Main Road 04.08.2008 Pillaiyarkuppam - 607 402 Pondicherry RAJASTHAN TOP Banasthali Vidyapith
79. Banasthali-304 022 25.10.1983 Rajasthan Birla Institute of Technology & Science
80. Pilani-333 031 27.06.1964 Rajasthan Institute of Advanced Studies in Education
81. Gandhi Vidya Mandir,Sardarshahr - 331 401, Distt. Churu 25.06.2002 Rajasthan Jain Vishva Bharati Institute
82. Box No. 6, Ladnun, Nagaur -341 306 20.03.1991 Rajasthan Janardan Rai Nagar Rajasthan Vidyapeeth
83. Udaipur-331 401 12.01.1987 Rajasthan LNM Institute of Information Technology Gram-Rupa ki Nagal, Post-Sumel, Via Kanota, Dist.-
84. 3.2.2006 Jaipur-303 012 (Rajasthan) I.I.S. University
85. Gurukul Marg, Mansarovar 02-02-2009 Jaipur, (Rajasthan) Mody Institute of Technology & Science
86. Lakshmangarh-33211, District Sikar 02-02-2004 Rajasthan TAMILNADU TOP Academy of Maritime Education and Training 5107, H2, 2nd Avenue, 1st Floor, Anna Nagar, Chennai-600
87. 21.08.2007 0 40 Tamilnadu Amrita Vishwa Vidyapeetham
88. Ettimadai Post, Coimbatore-641 105 13.01.2003 Tamilnadu Avinashilingam Institute for Home Science & Higher Education for Women
89. 8.06.1988 Bharathi Park Road, Coimbatore-641 043 Tamilnadu Bharath Institute of Higher Education & Research
90. 173, Agharam Road, Selaiyur, Chennai-600 073 4.07.2002 Tamilnadu Chennai Mathematical Institute Plot H1, SIPCOT IT Park, Padur Post,Siruseri- 603 103,
91. 15.12.2006 Chennai (Tamilnadu) ::: Downloaded on - 09/06/2013 15:52:13 ::: 45 Gandhigram Rural Institute
92. Gandhigram, Dindigul -624 302 3.08.1976 Tamilnadu Hindustan Institute of Technology and Science (HITS) Padur, Old Mahabalipuram Road, Kelamballam,
93. 05.05.2008 Kancheepuram District.
(Tamilnadu) Kalasalingam Academy of Research and Higher Education Anand Nagar, Krishnankoil, Virudhunagar-626 190 , via
94. 1984 Srivilliputhrur Tamilnadu.
Karunya Institute of Technology and Sciences
95. Karunya Nagar, Coimbatore-641 114 23.06.2004 (Tamil Nadu).
M.G.R. Educational and Research Institute Periyar EVR Salai (NH 4 Highway), Maduravoyal,
96. 21.01.2003 Chennai-600 095 Tamilnadu.
97. Chennai-600 078 Meenakshi Academy of Higher Education and Research No. 12, Vembuli Amman Koil Street, West K.K. Nagar, 31.03.2004 Tamilnadu.
Periyar Maniammai Institute of Science & Technology (PMIST)
98. 17.08.2007 Priyar Nagar, Vallam, Thanjavur -613 403 Tamil Nadu Ponnaiyah Ramajayam Institute of Science & Technology (PRIST)
99. 04.01.2008 Yagappa Chavadi, Thanjavur-614 904 Tamilnadu S.R.M Institute of Science and Technology
100. 2, Veerasamy Street, West Mambalam, Chennai-600 033 2.08.2002 Tamilnadu Sathyabama Institute of Science and Technology
101. Jappiaar Nagar, Old Mamallpuram Road, Chennai-600119 16.07.2001 (T.N) Saveetha Institute of Medical and Technical Sciences Post Box No. 6 No. 162, Poonamalle High Road,
102. 18.03.2005 Velappanchavadi, Chennai-600 077 (Tamil Nadu) Shanmugha Arts, Science, Technology & Research Academy (SASTRA)
103. 26.04.2001 Tirumalai Samudram, Thanjavur-613 402 Tamilnadu.
Sri Chandrasekharendra Saraswathi Vishwa Mahavidyalaya
104. Sri Jayendra Saraswathi Street, Enathur, 26.05.1993 Kancheepuram-631 561 Tamilnadu.
Sri Ramachandra Medical College and Research Institute
105. 1, Ramachandra Nagar, Chennai-600 116. 29.09.1994 Tamilnadu ::: Downloaded on - 09/06/2013 15:52:13 ::: 46 St. Peter's Institute of Higher Education and Research
106. Chennai 26.05.2008 Tamilnadu.
Vel's Institute of Science, Technology & Advanced Studies (VISTAS)
107. 04.06.2008 Pallavaram, Chennai Tamilnadu Vellore Institute of Technology
108. Vellore-632 014 19.06.2001 (Tamilnadu).
Vinayaka Mission�s Research Foundation
109. Sankari Mani Road, NH 47, Ariyanoor, Salem-636 308 1.03.2001 Tamilnadu.
Karpagam Academy of Higher Education
110. Pollachi Main Road, Coimbatore 25-08-2008 Tamilnadu.
Chettinad Academy of Research & Education (CARE)
111. Padur, Kelambakkam, Kancheepuram Distt.ig 04.08.2008 Tamilnadu.
Noorul Islam Center for Higher Education
112. Kumaracoil, Thuckalay, Distt. Kanyakumari - 629 175 08.12.2008 Tamilnadu.
Rajiv Gandhi National Institute of Youth Development
113. Sriperumbudur - 602 105 23.10.2008 Tamilnadu.
Vel Tech Rangrajan Dr. Sagunthala R&D Institute of Science & Technology
114. 15.10.2008 Chennai Tamilnadu.
B.S. Abdul Rahman Institute of Science & Technology
115. Vandalur, Kanchipuram Distt., Chennai Tamilnadu.UTTAR PRADESH TOP Allahabad Agricultural Institute 116. P.O. Agricultural Institute, Allahabad-211 007 15.03.2000 Uttar Pradesh. Bhatkhande Music Institute 117. 1 Kaiser Bagh, Lucknow 24.10.2000 Uttar Pradesh.
Central Institute of Higher Tibetan Studies
118. Sarnath, Varanasi-221 007 05.04.1988 Uttar Pradesh Dayalbagh Educational Institute
119. Dayalbagh, Agra-282 005 16.05.1981 Uttar Pradesh.
Indian Institute of Information Technology
120. Devghat, Jhalwa, Allahabad-211 012 4.08.2000 Uttar Pradesh.
Indian Veterinary Research Institute
121. Izatnagar-243 122 16.11.1983 Uttar Pradesh.::: Downloaded on - 09/06/2013 15:52:13 ::: 47
Jaypee Institute of Information Technology
122. A-10, Sector-62, Noida-201 307 1.11.2004 Uttar Pradesh.
Shobit Institute of Engineering & Technology
123. Dulhera Marg, Roorkee Road, Meerut-250 010 08.11.2006 Uttar Pradesh.
Nehru Gram Bharati
124. Kotwa Jamunipur, Dubwali, Dt. Allahabad 27-06-2008 Uttar Pradesh.
125. Santosh Nagar,Ghaziabad 27-06-2008 Uttar Pradesh.UTTRAKHAND TOP Forest Research Institute 126. P.O. New Forest, Dehradun-248 006 28.11.1991 Uttrakhand. Gurukul Kangri Vishwavidyalaya 127. Haridwar-249 404 ig 19.06.1962 Uttrakhand. HIHT University 128. Swami Rama Nagar, Jolly Grant, P.O. Doiwala, Dehradun 6.06.2007 Uttrakhand Graphic Era University 129. Dehradun 14.08.2008 Uttrakhand WEST BENGAL TOP
Ramakrishna Mission Vivekananda Educational and Research Institute
130. 5.01.2005 P.O. Belur Math, Distt Howrah-711 202 West Bengal Note: - All the Deemed Universities can award degrees for courses which are offered at the time of conferment of the status of them and courses allied to the approved courses The Deemed Universities can also award degrees for conventional/ general degree programmes leading to B.A/ B.Com/ B.Sc or M.A. M.Sc.
21. Considering the above, it may appear that the institution in which Respondent No.4 was working, in the different capacities is neither the university specified in the schedule to the Act of 1994 or section 2(f) of the University Grants Commission Act, 1956, nor it is notified as deemed to be university within the meaning of the section 3 of the said Act of 1956 as ::: Downloaded on - 09/06/2013 15:52:13 ::: 48 such. Since we have traversed through the provisions of the University Grants Commission Act,1956, we may usefully refer to section 22 of that Act, which reads thus :-"22. Right to confer degrees . (1) The right of conferring or granting degrees shall be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under Section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees.(2) Save as provides in sub-section (1) no, person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant, any degree.(3)For the purposes of this section, "degree"
means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the Official Gazette." (emphasis supplied) Section 22 of the Act of 1956 is a provision bestowing right to confer or grant degrees by a university established or incorporated by or under the stated enactments or an institution deemed to be university under section 3 of the Act of 1956. The third category of institution which has been recognized as having right to confer or grant degrees, is an institution specially empowered by an Act of Parliament to confer or grant degrees. This provision is of some significance to consider as to whether the Institutes of Technology which are established under the Act of Parliament of 1961 can be treated as a university.
22. Before we examine the provisions of the Institutes of Technology Act, 1961, we have to keep in mind as to how the Indian Institute of Technology at Bombay came to be established. A high power-::: Downloaded on - 09/06/2013 15:52:13 ::: 49
committee of Government of India made recommendations in 1946 to establish four higher institutions of technology of the level of their counterparts in Europe and United States to set the direction for the development of technical education in the country. These Institutes were designed to provide the necessary dynamism and flexibility of organization in the light of expanding knowledge and changing socio-economic requirements of our modern society. The planning for the Institute at Bombay began in 1957. In 1961, by an Act of Parliament, the Institute was declared an institution of national importance and was accorded the status of a university with power to award its own degrees and diplomas. We are conscious of the fact that it is neither a university nor a deemed to be university for the purpose of the Act of 1956, but nevertheless it has the status of a university - as the institution, is specially empowered by the Act of Parliament to confer or grant degrees. The Indian Institute of Technology, Bombay was established with the cooperation and participation of the UNESCO, utilizing the contribution of the Government of USSR. The Institute received substantial assistance in the form of equipment and expert services from USSR through the UNESCO from 1956 to 1973. As per the objectives and goals for which the institution was established was to foster creativity and growth of excellence, with the following broad objectives :-Objectives and Goals The Indian Institute of Technology, Bombay seeks to establish traditions which will foster creativity and growth of excellence. The Institute has the following broad objectives :::: Downloaded on - 09/06/2013 15:52:13 ::: 50To provide the best possible educational facilities for training bright students for the careers in technology and science.To provide a creative atmosphere in which higher studies and research thrive both amongst the students and the faculty.To organize a short intensive courses, conferences and seminars on current technological developments which will be of benefit to the surrounding community.To provide research and development consultancy which will promote contact with and be of service to industries and to government and Civic Organizations.To organize quality improvement programmes for faculty members from various engineering colleges.To provide leadership in curriculum design and development.The Institute cherishes the hope that its graduates will be the leaders of tomorrow. Their education is patterned with this in view. Thus in the engineering curriculum, besides the professional courses, there is a strong emphasis on acquiring a thorough grounding in the basic sciences of mathematics, physics and chemistry and a reasonable knowledge in subjects like economics, english, philosophy and social sciences belonging to the Humanities and Social Science. The emphasis on the basic sciences removes to some extent the fear of rapid obsolescence, while studies in the Humanities help the students to interact more positively with the society in which he lives. Besides making available facilities for higher education, traning and research in various fields of engineering and technology, the Institute contributes to the industrial development and economic growth of the country by preparing a cadre of engineers and scientists, who provide both man power and support R&D work for industries. :"(Refer official website of IIT Bombay)
23. The Act of 1961 enacted by the Parliament was to declare certain institutions of technology to be institutions of national importance and to provide for certain matters connected with such institutions and the ::: Downloaded on - 09/06/2013 15:52:13 ::: 51 Indian Institute of Technology, Kharagpur. The latter Institute was earlier governed by the Indian Institute of Technology (Kharagpur) Act, 1956 which came to be repealed by the Act of 1961. The Indian Institute of Technology, Bombay is undoubtedly an institution of national importance established and governed by the provisions of Act of 1961. Section 2 of that Act provides that the objects of the stated institutions including IIT Bombay, are such as to make them institutions of national importance and declared that each such institution is an institution of national importance.
Notably, the said institutions were registered under the Societies Registration Act, 1860, but by virtue of Section 4 of the Act of 1961, each of these institutions are made body corporate having perpetual succession and a common seal and shall by its name, sue and be sued. Section 6 deals with the powers and duties to be performed by the stated institutions, amongst others, to provide for instruction and research in such branches of engineering and technology, sciences and arts, as the Institute may think fit, and for the advancement of learning and dissemination of knowledge in such branches. Further, to hold examinations and grant degrees, diplomas and other academic distinctions or title, to confer honorary degrees or other distinctions. One of the powers and duties of the said institution is to co-operate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the Institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects. Section 8 expressly provides that all teaching at each of the Institute shall be conducted by or in the name of the Institute in accordance with the ::: Downloaded on - 09/06/2013 15:52:13 ::: 52 Statutes and Ordinances made in this behalf. Section 9 envisages that the President of India shall be the Visitor of every Institute. The Authorities of an Institute are mentioned in section 10 of the Act. We may usefully refer to section 13(2)(b), which is a provision obligating the Board of any Institute to be responsible for the general superintendence, direction and control of the affairs of the Institute and, amongst other have power to take decision relating to Institute courses of study at the Institute. Section 15 of the Act specifies that the Senate of an Institute shall have the control and general regulation and be responsible for the maintenance, of standards of instruction, education and examination in the Institute. As per Section 17 of the Act, the Director of each of the Institute appointed by the Council is made principal academic and executive officer of the Institute and shall be responsible for the proper administration of the Institute and for the imparting of instruction and maintenance to discipline therein. As per Section 18, the Deputy Director of each Institute is expected to exercise such powers and perform such duties as may be assigned to him by that Act or the Statutes or by the Director. Notably, section 21 provides for the financial matters of the Institute. It provides that for the purpose of enabling the Institutes to discharge their functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to each Institute in each financial year such sums of money and in such manner as it may think fit. Obviously, since there is complete autonomy in all matters including financial matters of the Institute established under the Act of 1961, the same were not required to be brought under the regime of the University Grants Commission or the ::: Downloaded on - 09/06/2013 15:52:13 ::: 53 enactment of 1956. Section 22 provides for the matters pertaining to maintenance of funds provided by the Central Government and the amounts received towards the fees and other charges and other receipts by way of grants, gifts, donations, benefactions, bequests or transfers.
Section 25 of the Act provides for the matters on which Statutes may make provision subject to the provisions of the Act of 1961, amongst other clause (a) provides for conferment of honorary degrees. Section 28 provides for matters on which Ordinance may make provision subject to the Act of 1961 and the Statutes, such as the admission of the students to the Institute; the course of study to be laid down for all degrees and diplomas of the Institutes; the conditions under which the students shall be admitted to the degree or diploma course and to the examination of the Institute, and shall be eligible for degrees and diplomas; the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes ;
the conduct of examinations and any other matters which the Act or the Statues is to be or may be provided for by the Ordinances. The Ordinances are made by the Senate. This is the broad scheme of the Act of 1961.
24. Considering the above, the establishment of the specified Institute as a body corporate having perpetual succession and a common seal with primary objective and goal of providing best possible educational facilities for training bright students for the careers in technology and science and having power to confer and grant degrees, these Institutes have all the trappings of a University. These Institutes enjoy the status of ::: Downloaded on - 09/06/2013 15:52:13 ::: 54 University by virtue of provisions of the Act of 1961 as also Section 22 of the Act of 1956 being Institutes specially empowered by the Act of Parliament to confer or grant degrees. Even going by the ordinary dictionary meaning of "University", we have no hesitation in reckoning the said Institute as "a University" in the context of the requirement of clause (4) of Part "A" of the Schedule in the said order dated 27.5.2009. The Concise Oxford Dictionary of Current English Eighth Edition gives the meaning of term "University" as follows."1. an educational institution designed for instruction, examination, or both, of students in many branches of advanced learning, conferring degrees in various faculties, and often embodying colleges and similar institutions.2. the members of this collectively.3. a team, crew, etc., representing a university."
The Concise Oxford English Dictionary, Eleventh Edition gives the meaning of term "University" as follows.
" a high-level educational institution in which students study for degrees and academic research is done."
The expression "university" as appearing in the Black's Law Dictionary Sixth Edition, reads thus :-"An institution of higher learning, consisting of an assemblage of colleges limited under one corporate organiszation and government, affording instruction in the arts and sciences and the Learned professions, and conferring degrees."::: Downloaded on - 09/06/2013 15:52:13 ::: 55
The meaning of expression "university" as appearing in the Advanced Law Lexicon by P. Ramanatha Aiyar, 3rd Edition, Volume 4, reads thus:"University. For the purposes of this clause, "University means a University established or incorporated by or under a Central, State or Provincial Act and includes an institution declared under Section 3 of the University Grants Commission Act, 1956 (3 of 1956) to be a University for the purposes of that Act. (Income-tax Act (43 of 1961), S. 47 (ix) Expln) 'University' means a university established or incorporated by or under a Central, State or Provincial Act and includes-(i) an institution declared under Section 3 of the University Grants Commission Act, 1956 (3 of 1956) to be a university for the purposes of that Act;(ii) an institution declared by Parliament by law to be an institution of national importance;(iii) a college maintained by, or affiliated to, a University. [Custom Tariff Act (51 of 1975) Gen. Exemption No. 13 Expln (b); Central Excise Tariff Act 1985 (5 of 1986), Gen Exemption No. 20(1)(c)(vi) Expln (c)] "UNIVERSITY" means a University established or incorporated by or under a Central, State or Provincial Act and includes-(i) an institution declared under Section 3 of the University Grants Commission Act, 1956 (3 of 1956), to be a University for the purposes of that Act,(ii) an institution declared by Parliament by law to be an institution of national importance,(iii) a College maintained by, or affiliated to, a university,(iv) a research institution established, maintained or controlled by Government. [Customs Tariff Act (51 of 1975), Gen. Exemption No. 17, Expln (b)] ::: Downloaded on - 09/06/2013 15:52:13 ::: 56 For the purpose of this rule,---"UNIVERSITY' means a University established or incorporated by or under a Central, State or Provincial Act and includes an institution declared under Section 3 of the University Grants Commission "Act, 1956 (3 of 1956), to be a University for the purposes of that Act. [Income-tax Rules, 1962, R.5(2) Expln (c)] A corporation of teachers or assemblage of learned men or colleges for teaching the higher branches of learning;
and having power to confer degrees.
A place where all kinds of literature are universally taught. (Tomlin). See also Act (8 of 1904), S.2, cl.(2)(c).
The Third Edition of HALSBURY'S Volume 13, page 707, as para 1441 thereof deals with Universities. According to the Halsbury's Law of England:-
The word "University" is not a word of art and although the institutions to which it refers are readily identifiable, precise definition is difficult. The essential features of a university seems to be that it was incorporated as such by the sovereign power.
Other attributes of a university appear to be the admission of students from all parts of the world, a plurality of masters, the teaching of one at least of the higher faculties, namely theology, law or philosophy, which in some definitions are regarded as identical and medicine, provision for residence, and the right to confer degrees, but possession of these attributes will not make an institution a university in the absence of any express intention of the sovereign power to make it one.
Halsbury's Laws of England, Second Edition, Vol. 12, page 100 in para 225, reads as under:-
225. A university is nowhere legally defined. The term is usually understood to mean a body incorporated for the purposes of learning, with various endowments and privileges. Such bodies were anciently founded by papal bull or charter, later by royal charter or Act of Parliament. They may contain colleges, which are independent corporations similarly foounded." as cited in Major Y.K. Bammi v. Jawahar Lal Nehru University, AIR 1993 Del 239, 242.::: Downloaded on - 09/06/2013 15:52:13 ::: 57
or a single college.................... As first used, "college" indicated a place of residence for students, and occasionally a "universities" or "stadium general."
The same book quoting Newman recites, "the university, to enforce discipline, developed itself into colleges, and so the term 'college' was taken to mean a place of residence for the university student, who would there find himself under the guidance and instructions of superiors and tutors, bound to attend to his personal interest, moral and intellectual."
American Jurisprudence 2d says that, "Properly speaking, a "university" is an aggregation or union of colleges. It is an institution in which the education imparted is universal, embracing many branches, such as the arts, sciences, and all manner of higher learning, and which possesses the power to confer degrees indicating proficiency in the branches taught. The word "colleges" has been said to be employed in the United States to indicate an institution of learning, having corporate powers, and possessing the right to confer degrees, and which, with reference to its educational work, consists of the trustees, teachers, and scholars, all of whom make up, the membership of the college and represent its active work".
"As distinguished from a college, a university is an institution of higher learning, consisting of an assemblage of colleges united under once corporate organization and government, affording instruction in the arts and sciences and the learned professions, and conferring degrees." [Corpus Juris Secundum, Vol.II, page 974] The same Words & Phrases referring to a case reported in Academy of Fine Arts. v. Philadelphia County, 22 pa. (10 Harris) 496, 498, states that, "A university" is, in common parlance and in legal excitation, as the word imports, " a place where all kinds of literature are universally taught."
The same book referring to a case reported as West v. Board of Trustees of Miami University and Miami Normal School, 181 NE 144, 149, 41 Ohio App 367, states that, "University" is defined as whole body of teachers and scholars, engaged at particular place in giving and receiving instructions in higher branches of learning, and as such persons, associated together as society or ::: Downloaded on - 09/06/2013 15:52:13 ::: 58 corporate body with definite organization and acknowledged powers and privileges, especially or conferring degrees, and forming institution for promotion of education in higher and more important branches of learning."
The same volume at page 268 states that, "College" should be construed to include a building of group of buildings in which scholars are housed, fed, instructed, and governed under college discipline, while qualifying for their university degree, whether the university included a number of colleges.
A university, of the normal type, may be described in popular language as an organisation of teachers and learners, settled in a fixed locality, for the purpose of nature study, in which the body of teachers has authority to attest the proficiency of the learners, by bestowing upon them titles, signifying that they also possess the qualifications and are admitted to the rank of those that are learned int he particular branch of knowledge in which they were taught.
The term 'university' is usually understood to mean a body incorporated for the purpose of learning, with various endowments and privileges. Such bodies were anciently founded by papal bull or charter, later by royal charter or act of Parliament. University is a corporation aggregage-aggregation of corporations. The corporations are usually colleges or schools. Y. K. Bammi v. Jaawaharlal Nehru Universityk, AIR 1993 Del. 239, 242, 244.
The expression 'University' occurring in Section 10(22) of the Act does not include the establishments/institutions which are engaged solely in commercial activities for the purpose of profit. Oxford University Press v. CIT, (2001) 33 SCC 359, para 35: AIR 2001 SC 886. [Income-fax Act (43 of 1961), S.10(22)] [The word "university" is not a word of art and whether or not an educational institution can claim to be a university or not must depend on whether an ordinary man of good education of university standard would consider that the institution in question is one. The fact that an institution possesses all or most of the essential qualities of a university does not necessarily prove that it is a university. The onus of proving that an institution is a university must lie upon the claimant (st. David's ::: Downloaded on - 09/06/2013 15:52:13 ::: 59 College, Lampeter v. Ministry of Education, (1951) I ALL ER 559).
["University", in a Cambridge Rating Act, held to mean the university for the time being, so as to include colleges incorporated into the university after the Act (Downing College v. Purchas 3 B. & Ad. 162)]. (Stround, 6th Edn.,2000) SEE ALSO (1) 'INDIAN UNIVERSITY', (2) 'RELEVANT UNIVERSITY; (3) 'STUDENT OF THE UNIVERSITY'; (4) 'TEACHERS OF THE UNIVERSITY'."
25. The Institutes established under the Act of 1961 are engaged in imparting education in different branches of sciences and all manner of higher learning and also the basic power to confer the degrees indicating the professions in the branches taught. These Institutions have been empowered by an Act of Parliament of 1961 to confer or grant degrees.
These Institutes have all the trappings of a University. Further, in the reply filed by the Respondent No. 4 it is stated that IIT is a member of Indian Universities (AIU), which is the Apex Coordinating body serving the Universities. The University level institutions established by an Act of Parliament or State Legislatures and the Institutes clarified as "Deemed to be Universities" under Section 3 of the Act of 1956, can hold membership of AIU. And the IIT being the University level Institution established by an Act of Parliament, holds the membership of AIU. Further, IIT is also a member of the Association of commonwealth Universities. Moreover, the Ministry of Finance, Government of India, vide its notification dated 23.1.2008, has notified IIT, Bombay as approved by the Central Government, for the purpose of Section 35(1)(ii) of the Income Tax Act, ::: Downloaded on - 09/06/2013 15:52:13 ::: 60 1961, read with Rules 5C and 5E of the Income Tax Rules, 1962 in the category of the University. Even these facts are undisputed. Thus understood, the inevitable conclusion is that the Indian Institute of Technology at Bombay in which Respondent No.4 was working in different capacities, has the status of a "University".
26. On these findings, the principal argument of the Petitioner that Respondent No.4 does not possess the mandatory essential qualifications and administrative experience for having worked as the Head of the Department in "a University", cannot be countenanced. To get over this position, it was argued that Respondent No.4 has not acquired the five years of administrative experience in the field of Higher Education as "Head of the Department" while working with IIT Bombay. This argument need not detain us, considering the communication sent by the Director of the Indian Institute of Technology, Bombay dated 24.3.2010 addressed to the Governor, State of Maharashtra, which has been reproduced in its entirety hitherto. From the said communication, it is amply clear that Respondent No.4 held different administrative positions at the level of the Head of the Department and above, in the Institute by rotation since 1998 till the date he left the same in March, 2010, consequent to his appointment as Vice-Chancellor of the Pune University. The argument of the Petitioner, however, proceeds that the requirement of clause (4) is that a person should have five years of administrative experience as Head of the Department in a university and ::: Downloaded on - 09/06/2013 15:52:13 ::: 61 whereas, Respondent No.4 worked in the capacities other than Head of the department. Thus, the period as Head of the Department was less than five years. To answer this controversy, we may usefully refer to the organizational chart of the Indian Institute of Technology, Bombay. The same reads as under :-
(Refer to the official website of IIT Bombay) ::: Downloaded on - 09/06/2013 15:52:13 ::: 62
27. On perusing the the abovementioned organizational chart, it is noticed that the post of Dean is higher to the post of the Head of the Department of the Institute. Respondent No.4 was appointed as Dean of the Students affairs from 26.2.1998 to 10.8.2000, and thereafter as Head of the Department of Electrical Engineering from 18.12.2003 to 21.11.2005.
He was appointed once again as Dean (Resources Mobilization) with effect from 25.10.2005 to 30.9.2008 and lastly as Deputy Director (Finance And External Affairs) w.e.f. 4.9.2008 till March, 2010. There can be no doubt that each of these posts held by Respondent No.4 were as Head of the Department or above and exposed him to the administrative experience since February, 1998 till March,2010. Aggregate of this period is far in excess of five years of required administrative experience. The fact that clause (4) of Part "A" of the schedule in the said order refers to the post of the Head of the Department, does not mean that a person who has worked on a higher post than the post of Head of Department and even if such posts exposed him to the administrative experience, can be excluded from consideration to reckon the specified period of five years of administrative experience. The argument that the person has worked in higher post than the post of the Head of the Department cannot be taken into account to compute the period of administrative experience gained, is, to say the least, preposterous. In our opinion, Respondent No.4 not only possessed the essential qualifications and experience as set out in Part "A" of the schedule appended to the said Order dated 27.5.2009, but also possessed desirable experience and expected skills and competencies as specified ::: Downloaded on - 09/06/2013 15:52:13 ::: 63 and as set out in Parts "B" and "C" respectively of the said Order. That is amply clear from the resume reproduced hitherto and also from the assertions made in the reply filed by Respondent No.4 reiterating the said position and also asserting the fact that 13 students were registered under him who have been awarded Ph.D. and four students of Ph.D. are undertaking their researches under his guideship.
28. It was then contended that Respondent No.4 did not possess desirable experience as referred to in clause (1) of Part "B" of the schedule to the said Order.
In the first place, the requirement of desirable experience is not mandatory. It is only a directory provision. It uses the expression "may" in contradistinction to word "shall" in the same provision relating to essential qualification and experience. In our opinion, however, considering the contents of the resume, it is amply clear that Respondent No.4 not only possessed desirable experience specified in Part "B", but also expected skills and competencies as set out in Part "C" of the schedule to the said order dated 27.5.2009.
29. To get over this position, it was argued that there were other candidates, who not only possessed essential qualifications and experience as set out in Part "A" of the schedule to the order, but also possessed desirable experience, expected skills and competencies as set out in Parts "B" and "C" respectively to the said Order, but their claim has been glossed over. We have already noticed that the Governor of Maharashtra and Chancellor of the University had appointed a Search ::: Downloaded on - 09/06/2013 15:52:13 ::: 64 Committee of eminent persons, who not only scrutinized the resume of 115 applicants/nominees, but short listed only 16 persons, who according to them fulfilled the eligibility criteria. Thereafter, the Search Committee invited the said 16 short listed candidates for personal interaction based on their Vision Statements and Action Plans. We can safely presume that the Search Committee after careful scrutiny and relevant evaluations and assessment of the said 16 candidates, made recommendations to the Governor, State of Maharashtra of only five candidates for consideration to be appointed as Vice-Chancellor and to appoint one of them, being most suitable candidate to be so appointed. The Search Committee had also submitted detailed right up for suitably of each of the persons empaneled in the list so submitted. The Court cannot sit over the said subjective assessment of the Search Committee or the decision of the Governor in finally appointing the Respondent No.4 as Vice-Chancellor of the University, being most suitable candidate. That is the subjective satisfaction of the appropriate authority.
30. Reliance is justly placed on the judgment of the Apex Court in the case of Dalpat Solunke v. Dr.B.S. Mahajan, reported in AIR 1990 SC 434 = (1990) 1 SCC 305, at page 309 In paragraph 9 of the said decision, the Apex Court observed thus :-
"9. It will thus appear that apart from the fact that the High Court has rolled the cases of the two appointees in one, though their appointments are not assailable on the same grounds, the court has also found it necessary to sit in appeal over the decision of ::: Downloaded on - 09/06/2013 15:52:14 ::: 65 the Selection Committee and to embark upon deciding the relative merits of the candidates. It is needless to emphasise that it is not the function of the court to hear appeals over the decisions of the Selection Committees and to scrutinize the relative merits of the candidates.
Whether a candidate is fit for a particular post or not has to be decided by the duly constituted Selection Committee which has the expertise on the subject. The court has no such expertise. The decision of the Selection Committee can be interfered with only on limited grounds, such as illegality or patent material irregularity in the constitution of the Committee or its procedure vitiating the selection, or proved mala fides affecting the selection etc. It is not disputed that in the present case the University had constituted the Committee in due compliance with the relevant statutes.
The Committee consisted of experts and it selected the candidates after going through all the relevant material before it. In sitting in appeal over the selection so made and in setting it aside on the ground of the so called comparative merits of the candidates as assessed by the court, the High Court went wrong and exceeded its jurisdiction." (emphasis supplied) The attempt of the Petitioner is to invite this Court to sit over the decision of the Search Committee and that of the Governor as a court of appeal. That cannot be the scope of judicial review.
31. Taking over all view of the matter, we have no hesitation in concluding that the challenge to the appointment of Respondent No.4 as Vice-Chancellor on the ground that he does not possess essential qualifications and experience as set out in Part "A" of the said order dated 27.5.2009, is ill-advised and devoid of merits. Even the challenge on the ground that Respondent No.4 does not possess even the desirable experience or the expected skills and competencies as set out in Parts "B"
and "C" respectively of the said Order dated 27.5.2009, is devoid of merits.::: Downloaded on - 09/06/2013 15:52:14 ::: 66
32. Accordingly, this Petition deserves to be dismissed with costs.
In our view, considering the untenable grounds urged in the Petition to challenge the appointment to the coveted post of Vice-Chancellor, the Petitioner ought to pay exemplary cost. Therefore, the Petition is dismissed with cost quantified at Rs.10,000/- (Rupees Ten Thousand) to be paid to each Respondent within four weeks from today.
Rule is discharged.
(R.M. SAVANT, J.) (A.M. KHANWILKAR, J.) ::: Downloaded on - 09/06/2013 15:52:14 :::