High Court of Judicature at Bombay dismissed a petition challenging the university's refusal to permit an educational institute to offer management degrees in Environmental Science and Computer Science without autonomous status.
Petition rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition No.7369 of 2006
Chatrapati Shahu Central Institute of Business, Education and Research, Kolhapur. Petitioner.
vs
Shivaji University, Kolhapur& Ors. ..Respondents
Mr. P.K. Dhakephalkar, Senior Advocate with Mr. S.S. Patwardhan for the petitioner. Mr. R.G. Ketkar for respondent No 1 Mr.Rui Rodrigues for respondent No. 2
CORAM: H.L.GOKHALE, Acg C.J. , & V.M.KANADE, J.
DATE: JANUARY 15, 2007.
P.C.:-
Heard Mr Dhakephalkar, Senior Advocate
appearing for the petitioner, Mr. Ketkar for respondent No.1 and
Mr. Rodrigues for respondent No.2.
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(Environmental Science and Management) and the other one in M.Sc (Computer Science and Management).
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guidelines framed by the University in this behalf. The fact remains that section 89 of the Maharashtra Universities Act, 1994 is the governing section. Sub-section (3) of the said Act provides that an autonomus institute can prescribe its own courses of study, evolve its own teaching methods and hold examinations and test for students etc. However, sub-section (3 is controlled by sub-section (2) and sub-section (2) is controlled by sub-section(1). This sub-section (1) states that a University department or institution, affiliated college or recognised institution may apply to the University for grant of autonomous status. It prescribes that it is the department or the affiliated college or recognised institution having expertise in a particular area has to be granted autonomous status. The said section further state that the Management Council on the recommendations of the Academic Council may confer the autonomous status. Obviously autonomous status will come into operation only after completion of the aforesaid requirement of section 89 of the said Act and not otherwise. The petitioner has not applied to the University in this behalf so far. There is nothing wrong in the decision arrived at by the University.
The petition is rejected.
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ACTING CHIEF JUSTICE
V.M.KANADE J.
1 issue framed by the court
Whether an institute which has not applied for autonomous status under Section 89 of the Maharashtra Universities Act, 1994, can be granted permission to offer specific degree courses.
1 provisions across 1 enactments
Chatrapati Shahu Central Institute of Business, Education and Research
Shivaji University
H.L. Gokhale
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
