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Madhya Pradesh High Court · body

2018 DIGILAW 908 (MP)

Om Shanti Shiksha Samiti, Bagli v. State of M. P.

2018-10-25

ATUL SREEDHARAN, HEMANT GUPTA, MOHD.FAHIM ANWAR

body2018
ORDER Sreedharan, J.-- 1. The present petition has been placed before this Bench pursuant to an order dated 12.9.2018. 2. This petition has been filed originally before the Indore Bench as the petitioner, an education society, is registered and functioning from Dewas. The petitionersociety is running educational institutions under the name of Om Shanti Vigyan Mahavidyalaya at Bagli in district Dewas. The petitioner seeks a writ of certiorari for quashing orders dated 6.4.2016 and 30.4.2015 passed by the respondent No.5 Vikram Vishwavidyalaya whereby the affiliation fees for various courses was enhanced without obtaining prior approval of the Co-ordination Committee of the University. 3. According to the petitioner, the said enhancement in affiliation fees without obtaining the prior approval of the Co-ordination Committee was illegal as Statute No. 27 of the University is governed by section 36 of the M. P. Vishwavidyalaya Adhiniyam 1973. Under section 36, only the Co-ordination Committee is empowered to amend any statute upon receiving a proposal from the Executive Council of the University. It is submitted on behalf of the petitioner that without there being such proposal for amendment in Statute No. 27 for enhancement of affiliation fees put forth by the Executive Council of the respondent No. 5, University before the co-ordination committee, the amendment, resulting in the enhancement of the affiliation fees, had no validity and is, therefore, liable to be quashed. 4. The petitioner-society is running the Om Shanti Vigyan Mahavidyalaya at Bagli, district Dewas. The said college offers courses for B.A., B.Sc. and B.C.A. It is the case of the petitioner that necessary permission was granted by respondent No. 2 and affiliation was granted by respondent No. 3. 5. The learned counsel for the petitioner has argued that the State has enacted the Madhya Pradesh Vishwavidyalaya Adhiniyam 1973 (hereinafter referred to as “the Adhiniyam”) and in sections 35 and 36 under chapter 6, the provisions for preparing statutes are laid down. Thus, under authority of the said sections the respondent No. 5 University prepares Statute No. 27 (college code) for regulating the administration and management of the colleges admitted to the privileges of the University. The college code applies to all colleges. 6. Clause 13(3) of Statute No. 27 deals with affiliation fees. The prescribed amount is Rs.5,000/- for Bachelors degree and Rs.10,000/- for Masters degree. 7. The college code applies to all colleges. 6. Clause 13(3) of Statute No. 27 deals with affiliation fees. The prescribed amount is Rs.5,000/- for Bachelors degree and Rs.10,000/- for Masters degree. 7. As per chapter 6 of the Adhiniyam, the constitution of a co-ordination committee is provided for under section 34. The respondent No. 3 herein is the President of the coordination committee while the respondent No.1 is the Secretary. As per section 34, only the co-ordination committee can approve or reject the statutes and ordinances submitted by the Executive Council of the University. Likewise, section 36 of the Adhiniyam empowers the Co-ordination committee to amend or repeal any statute on receiving a proposal from the Executive Council of the University. Section 36 of the Adhiniyam reads as under : “36, Statutes how made (1) The first statutes of the University shall be prepared by the Co-ordination Committee. (2) The Co-ordination Committee may, from time to time make, amend or repeal any statute by passing a statute in the manner hereinafter appearing. (3) The Co-ordination Committee may on receiving a proposal from the Executive Council of a University or on its own motion consider the draft of a statute that is in the interest of either one or all the Universities.” 8. Thus, according to the petitioner, no amendment in the statute is permissible until and unless the proposed amendment is forwarded by the Executive Council of the University to the Co-ordination Committee for its approval. 9. The petitioner also states that such procedure, as envisaged under section 36 of the Adhiniyam, was bypassed and the impugned orders dated 6.4.2016 and 30.4.2015 have been passed by the respondent No. 5. As per the order dated 6.4.2016, which is Annexure P-1 to the petition, the affiliation fees of the B.A. course has been enhanced to Rs.1,10,000/- and vide order dated 30.4.2015 the University had enormously enhanced the affiliation fees for various courses without obtaining prior approval from the co-ordination committee. 10. The petitioner in the course of the arguments has drawn the attention of this Court to an order passed in a similar case being Writ Petition No. 4625/2016 whereby this Court vide order dated 3.8.2016 held that affiliation fees cannot be enhanced without approval of the co-ordination committee. 11. 10. The petitioner in the course of the arguments has drawn the attention of this Court to an order passed in a similar case being Writ Petition No. 4625/2016 whereby this Court vide order dated 3.8.2016 held that affiliation fees cannot be enhanced without approval of the co-ordination committee. 11. The correctness of the said judgment was to be examined and so vide order dated 12.9.2018 passed in this case, it was placed before a Larger Bench. 12. The issue before this Court is to the limited extent whether the Executive Council under the statute could revise the affiliation fees for the courses as provided under Clause 4(B) of the Statute No. 27. Before adverting to this question, it would be beneficial to refer to chapter 6 of the Adhiniyam. Section 34 provides for the constitution of the Coordination Committee. It would consists of the Kuladhipati, Kulpatis of the Universities, the Rector of the University, Commissioner, Higher Education, Principal Secretary/Secretary to the Government of Madhya Pradesh, Law Department, Principal Secretary to the Government of Madhya Pradesh, Finance Department, Secretary to Government of Madhya Pradesh, the Principal Secretary/Secretary to Government of Madhya Pradesh, Higher Education Department and the Kulpatis of the Universities constituted under any Act of the State legislature. The Kuladhipati would be the President of the Coordination Committees and the Principal Secretary to the Government of Madhya Pradesh, Higher Education Department would be its Secretary. Inter alia, the powers of the Coordination Committee under section 34 (4) (I) was to undertake the examination of the statutes and ordinances in force to the various Universities from time to time and suggest modifications. 13. Section 35 of the Adhiniyam elucidated what statutes may provide for and most importantly section 36 of the Adhiniyam provided for how statutes may be made. 14. Clause-I of statue 27 laid down the process by which an educational institution/college could be admitted to the privileges of the University. Clause-4(A) provided for affiliation of starting a new college. On receipt of permission from the Commissioner of Higher Education, the Society would apply for affiliation for starting a new college or a new subject course as the case may be to the Registrar of the University concerned. Clause-4(A) provided for affiliation of starting a new college. On receipt of permission from the Commissioner of Higher Education, the Society would apply for affiliation for starting a new college or a new subject course as the case may be to the Registrar of the University concerned. Clause 4(B)(a) provided for what is referred to as admission fee, for opening a new college with one faculty with not more than four subjects for which the fees was fixed at Rs.10000/-. 4(B)(b) admission fees for each additional faculty with not more than four subjects thereof was Rs. 5000/- and Clause 4(B)(c) admission for each additional subject was Rs. 2000/-. 15. Clause 4(B)(II), provided for fees for post graduate courses other than professional courses and Clause(a) provided for admission fee for faculty with not more than four subjects thereof at Rs.15,000/- per faculty, (b) admission fee for every additional subject was Rs. 3000/-. 16. Clause 4(B)(III), provided for the admission fee for under graduate professional courses. Wherein, (a) the admission fee for opening a new college for professional under graduate courses was fixed at Rs. 25,000/- per course and (b) for post graduate professional courses it was fixed at Rs.50,000/- per course. There was a proviso which provided that the Executive Council of the University concerned may revise the above fees from time to time. 17. What has been referred to as admission fee in Clause 4 actually refers to as the affiliation fees to be charged by the University. Though the proviso confers the power to revise the above mentioned fees from time to time, the same cannot be read and understood in isolation and has to be read in consonance with section 36 of the Adhiniyam. Revising the fees from time to time would be an act of amending the statute itself. That power under section 36 sub-section (2) of the Adhiniyam is vested with the Coordination Committee, which may from time to time make, amend or repeal any statute. Under the circumstances, the authority of the Executive Council as provided under Clause 4 of statute 27 is limited to preparing a proposal for enhancement of the affiliation fees which has to be placed before the Coordination Committee for consideration and it is only the Coordination Committee which can amend the statute to enhance the affiliation fees. 18. Under the circumstances, the authority of the Executive Council as provided under Clause 4 of statute 27 is limited to preparing a proposal for enhancement of the affiliation fees which has to be placed before the Coordination Committee for consideration and it is only the Coordination Committee which can amend the statute to enhance the affiliation fees. 18. As it is undisputed that in this case the enhancement of the fees has been by the Executive Council without any reference of the Coordination Committee, the same is bad in law. 19. Under the circumstances, the petition succeeds and the impugned orders are set aside.