Case Note & Summary
The petitioners, five employees of Shripatrao Chougule Arts & Commerce College, Malvadi-Kotoli, filed a writ petition challenging Clause 2(b) of a Government Resolution dated 18.10.2001 issued by the State of Maharashtra. The petitioners were represented by Mr. S.P. Kadam, while the respondents included the State of Maharashtra, the Director of Higher Education, Shivaji University, the managing trust Dnyanganga Shikshan Prasarak Mandal, and the University Grants Commission. The parties agreed that the petition could be disposed of in terms of an earlier order dated 21.4.2005 passed in Writ Petition No.9518 of 2004, which was based on a division bench judgment in Vishwaprakash s/o. Laxman Sirsath and Ors. v. State of Maharashtra and Ors., reported in 2003(2) M.L.J. 176. In that judgment, Clause 2(b) of the impugned Government Resolution had already been held unsustainable and quashed. The Court, without multiplying reasons, followed that decision and quashed Clause 2(b). Additionally, the Court directed that the case of the petitioners shall be examined to ascertain the applicability of the first proviso to clause 2 of the 1991 Regulations passed by the University Grants Commission before any adverse order affecting their service is passed. The petition was disposed of accordingly.
Headnote
A) Service Law - Government Resolution - Quashing of Clause - Clause 2(b) of Government Resolution dated 18.10.2001 was held unsustainable and quashed by the Bombay High Court in Vishwaprakash s/o. Laxman Sirsath and Ors. v. State of Maharashtra and Ors., 2003(2) Mh.L.J. 176. The Court followed that decision and quashed the clause. (Paras 1-4)
B) Service Law - UGC Regulations - Applicability of First Proviso - The case of the petitioners shall be examined to ascertain the applicability of the first proviso to clause 2 of the 1991 Regulations passed by the University Grants Commission before any adverse order affecting the service of the petitioners is passed. (Para 2)
Issue of Consideration
Whether Clause 2(b) of Government Resolution dated 18.10.2001 is sustainable and whether the petitioners' case should be examined under the first proviso to clause 2 of the 1991 UGC Regulations before any adverse order.
Final Decision
The Court disposed of the writ petition by quashing Clause 2(b) of the Government Resolution dated 18.10.2001, following the decision in Vishwaprakash Sirsath case. It further directed that the case of the petitioners shall be examined to ascertain the applicability of the first proviso to clause 2 of the 1991 Regulations passed by the University Grants Commission before any adverse order affecting the service of the petitioners is passed.
Law Points
- Government Resolution cannot override UGC Regulations
- Clause 2(b) of GR dated 18.10.2001 quashed
- First proviso to clause 2 of 1991 UGC Regulations must be considered before adverse order
Case Details
2005 LawText (BOM) (05) 17
WRIT PETITION NO.9512 OF 2004
Mr. S.P. Kadam for petitioners, Mr. C.R. Sonawane for respondent nos.1 & 2, Mr. R.G. Ketkar for respondent no.3, Mr. B.V. Phadnis i/by R.A. Rodrigues for respondent no.5
Shri Dayanand Bajarang Inamdar, Shri Prakash Dhondiram Mane, Smt. Snehalata Datta Shirke, Shri Mahadeo Krishna Kamble, Smt. Bharati Baburao Satpute
The State of Maharashtra, The Director of Higher Education, The Shivaji University, Dnyanganga Shikshan Prasarak Mandal, The University Grants Commission
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Nature of Litigation
Writ petition challenging Clause 2(b) of Government Resolution dated 18.10.2001 affecting service conditions of employees.
Remedy Sought
Petitioners sought quashing of Clause 2(b) of the Government Resolution and direction to consider their case under the first proviso to clause 2 of the 1991 UGC Regulations.
Filing Reason
The petitioners, employees of a college, were aggrieved by Clause 2(b) of the Government Resolution dated 18.10.2001 which they contended was unsustainable and contrary to UGC Regulations.
Previous Decisions
Clause 2(b) of the impugned Government Resolution had already been held unsustainable and quashed by the Bombay High Court in Vishwaprakash s/o. Laxman Sirsath and Ors. v. State of Maharashtra and Ors., 2003(2) Mh.L.J. 176.
Issues
Whether Clause 2(b) of Government Resolution dated 18.10.2001 is sustainable in light of the division bench judgment in Vishwaprakash Sirsath case.
Whether the petitioners' case should be examined under the first proviso to clause 2 of the 1991 UGC Regulations before any adverse order.
Submissions/Arguments
The learned advocates for the parties agreed that the writ petition may be disposed of in terms of the order dated 21.4.2005 passed in Writ Petition No.9518 of 2004.
The order dated 21.4.2005 was based on the division bench judgment in Vishwaprakash s/o. Laxman Sirsath and Ors. v. State of Maharashtra and Ors., 2003(2) Mh.L.J. 176.
Ratio Decidendi
Clause 2(b) of the Government Resolution dated 18.10.2001 is unsustainable and stands quashed. The first proviso to clause 2 of the 1991 UGC Regulations must be considered before any adverse order affecting service is passed.
Judgment Excerpts
Clause 2(b) of the impugned Government Resolution dated 18.10.2001 has already been held to be unsustainable and stands quashed by the decision of this Court in the case of Vishwaprakash s/o. Laxman Sirsath and Ors. V/s. State of Maharashtra and Ors. 2003(2) Mh.L.J. 176.
The case of the petitioners shall be examined so as to ascertain the applicability of the first proviso to clause 2 of the 1991 Regulations passed by the University Grant Commission before any adverse order affecting the service of the petitioners is passed by the respondents.
Procedural History
The writ petition was filed in 2004. On 2.5.2005, the parties appeared and by consent, rule was heard finally. The Court disposed of the petition following an earlier order dated 21.4.2005 in Writ Petition No.9518 of 2004, which was based on the division bench judgment in Vishwaprakash Sirsath case.
Acts & Sections
- University Grants Commission Act, 1956:
- Government Resolution dated 18.10.2001: Clause 2(b)
