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Judgment
Satish K. Agnihotri, J.
Heard learned counsel appearing for the parties.
W.P. (C) Nos. 963/2013, 962/2013 and 973/2013, involve common facts as well as the question of law and, as such, require common consideration and disposal. The facts, in brief and relevant to the dispute, are that the petitioners'' colleges were granted affiliation by the respondent University to run courses in Agriculture & Horticulture. All of a sudden, according to the petitioners, the academic session 2013-14 was declared as zero admission year, withdrawing the affiliation without following the rules and regulations, as prescribed under the Indira Gandhi Krishi Vishwavidyalaya Affiliation/Recognition of College/Institution Regulation, 2001 (for short "the Regulation, 2001").
Cases of the petitioners are that the Academic Council, before taking a decision to declare zero academic year 2013-14, has not afforded proper opportunity of hearing. A show cause notice was issued subsequently on 04.07.2013, calling upon the Principal of the petitioners'' colleges to submit reply in respect of Staff (Teaching & Non-teaching) Infrastructure facilities (Building, Library & Labs), Farm activities and others.
Learned counsel appearing for the University submits that it is true that each and every points and facts raised by the petitioners have not been detailed in the order, however, before taking decision to declare zero year for admission, the Academic Council has applied its mind and passed the order. In respect of the report of the Dean Student''s Welfare and Chairman Inspection Committee, the University is silent on the report which was expected to be examined before the Academic Council takes the decision on the same day at 4 P.M. to declare zero year for admission.
The petitioners have filed their reply on 10.07.2013 giving complete details of regular teaching staff, part time teaching staff and other infrastructure facilities available. The reply was placed before the Academic Council on 11.07.2013 at 11 A.M. The Academic Council has resolved that the reply to show cause notice alongwith the documents be made available to Dean Student''s Welfare and Chairman Inspection Committee for examining the documents and also to incorporate the score, if eligible, as per the norms. Thereafter, the matter was once again placed before the Academic Council in second half at 4 P.M. of the same day i.e. 11th July, 2013. The Academic Council without dealing with each and every points with regard to teaching staffs, non-teaching staff and other facilities available in the petitioners'' colleges and also report of Dean, Students Welfare (for short "the Dean") and/or Chairman, Inspection Committee (for short "the Chairman"), if any, resolved to declare zero year for the new admission.
It is further contended that the impugned order dated 11.07.2013 does not deal with any points and the facts raised/produced by the petitioners institution. Thus, the decision was arbitrary and unreasonable without applying their mind. The Academic Council''s resolution was placed before the Board of Management on the same day after 4 P.M. and the impugned order was passed on the same date.
The issue with regard to withdrawal of affiliation and recognition in respect of the respondent University came into consideration earlier in the matter of Rani Durgawati College of Horticulture v. Indira Gandhi Krishi Vishwavidyalaya1, this Court by order dated 05.07.2013 held that the compliance of clause 16 & 17 of the Regulation, 2001 was mandatory before withdrawing the affiliation even for one academic year. It is clear in this case that the regulation 16 & 17 of the Regulation, 2001 have not been complied with in its letter and spirit.
Clause 16 & 17 of the Regulation, 2001 reads as under:
Inspection of the College/Institution
16.(1) The Board of Management shall cause every such college or institution to be inspected from time to time by a committee to be proposed by the Academic Council and approved by the Board of Management.
(2) The Board of Management may call upon any affiliated/recognized college/institution so, inspected to take, within a specified period, such action as may appear it to be necessary in respect of any of the matters referred to in clause 15 and 16(1).
(3) The Vice-Chancellor of the University, shall have the power to cause a surprise inspection/visit or enquiry to be made by such person or persons as he may direct without giving prior notice/intimation to the concerned colleges, of the affiliated private colleges generally and other matters particularly such as its land, buildings, laboratories, libraries, farms, dairy, furniture, sports amenities, playground, agricultural implements and equipments, hostel, workshops. Etc. maintained by the affiliated private colleges, of the teaching and other work conducted by the affiliated private colleges and of the conduct of examinations held by the University and to cause an inquiry to be made or any matter connected with the affiliated private colleges. Such person or persons shall report to the Vice-Chancellor the result of such surprise inspection/visit or enquiry. Upon receiving the report, the Vice-Chancellor shall issue a show cause notice to the concerned affiliated private college before initiating any action adverse to the interest of the college. The reply to the show cause notice and the reports of the such surprise inspection/visit or enquiry, shall be plant before the Academic Council immediately. The Academic Council shall have the power to take appropriate action as the council think fit the best academic interest which includes temporary suspension of affiliation and recognition, reduction of seats etc. The report of surprise inspection/visit or enquiry and action taken therefore by the Academic council shall be placed before the Board of Management.
Qualification and withdrawal of affiliation & recognition.
17.(1) The right conferred on a college or institution by affiliation and recognition may be withdrawal, in whole or in part are modified, if the college or Institution has failed to carry out any of the provisions of these regulations or it has failed to observe any of the conditions of its affiliation or it has acted in a manner which is prejudicial to the interest of agricultural education.
(2) The qualification etc. as laid down from time to time by the University, for the various grades of teachers of the University, shall also be uniformly applicable in case of the recruitment to the various grades of teachers of the private affiliated colleges. In order to ensure strict observance of this provision, one member shall be nominated by the Vice Chancellor in the selection committee of the affiliated private college.
(3) The University reserves the right to conduct surprise inspection at any time and also reserves the right to cancel permission/affiliation for the sanctioned course etc. at any stage, if it is found that the information provided is false and misleading and the documents produced by the Management is not able to run the sanctioned courses as per the norms of the ICAR and academic stipulations of the concerned University.
(4) A proposal for the withdrawal or the modification of such right shall be initiated only in the Academic Council along with the grounds on which it is made.
(5) Before taking the said motion into consideration the Academic Council shall send a copy of the notice and written statement in accordance with the provisions of clause 16(2) to the Principal of the College or to the Head of the Institution/Secretary of the Society concerned calling representation in writing within a specified period in regard to the College or Institution for consideration of the Academic Council.
Provided that the period so specified may, if necessary be extended suitably by the Academic Council.
(6) On receipt of representation or on the expiry of the period referred in clause 17(3); the academic Council, after considering the notice of proposal, statement and representation, after such other inspection by the Committee shall consider the action to be taken in the matter. If the Academic Council considers that action should be taken for withdrawal of affiliation/recognition, in whole or in part, the Academic Council shall pass a resolution for that purpose, stating the grounds for such withdrawal and make a recommendation to that effect to the Board of Management.
(7) On receipt of such recommendation the Board of Management will decide whether the affiliation and recognition be withdrawn or not and whether in whole or in part.
(8) In case the affiliated college creates basic infrastructure facilities fulfilling the guidelines during this period, the issue relating to affiliation/recognition can be considered only after getting the report of the committee to be constituted by the Board of Management.
(9) The committee so constituted by the Board of Management shall be responsible to critically examine the facilities created by the college/institution as per the norms and guidelines. The committee will submit the report to the Board of Management through Academic Council whose decision there on shall be final.
On perusal of the reasoned impugned order, it appears that when the matter was taken up earlier by the Academic Council for withdrawing the affiliation for one year, the Academic Council had taken decision. The decision of the Academic Council was placed before the Board of Management in its meeting held on 18.06.2013 without giving any notice to the petitioners institution, as required under the afore-stated provisions.
It is further urged on behalf of the petitioners that once the decision has been taken by the Board of Management, the subsequent show cause notice becomes mere formality and, as such, the entire proceedings be quashed.
In reply, learned counsel for the respondent-University, submits that the decision by the Academic Council before the meeting of Board of Management held on 14.06.2013 was in respect of summoning the teaching staff in person not for the purpose of withdrawing the affiliation of the petitioners'' colleges.
On proper analysis and consideration of submissions advanced by the parties and also on perusal of the impugned order, it appears that the decision was taken in haste without complying with the principles of natural justice, in its letter and spirit. In the impugned order, it is nowhere stated that the report submitted by the Dean and also, if any, by the Chairman was considered. There is no mention of the view of the Dean as well as Chairman. The notice was issued on 04.07.2013 without giving reasonable time of 10-15 days. The petitioners were required to submit reply on or before 10th July, 2013, which was done. The Academic Council sits in the morning at 11 A.M. and takes a decision to supply response to the Dean and Chairman. There is no mention of any report or consideration of the report by the Dean and Chairman. The Academic Council again sits at 4 P.M. and takes final decision to withdraw the affiliation of the University for one year and the matter was placed immediately on that very day before the Board of Management. The Board of Management passed the impugned order, then and there. The entire sequence of the consideration and facts clearly indicate that the decision was not reasonable.
In view of that, the order dated 11.07.2013 is quashed. However, liberty is reserved to the authorities to issue a fresh show cause notice granting reasonable time to file reply. The petitioners are permitted to participate in the second counseling, however, the same shall be subject to final decision taken by the University, as aforestated. Accordingly, the writ petitions are allowed to the above-extent. No order as to costs.
1W.P. (C) No. 665/2013