Allowed

Prof. Dr. Lella Karunyakara S/O Lella Arogyam v. the Honble Visitor of Mahatma Gandhi Antarrashtriya Hindi Vishwa Vidyalaya Thr. Under Secy. and Ors.

Bombay HC28 Mar 2024WP/7460/2023

Case brief

AI extract

What is this about?

The petitioner, the senior-most professor at MGAHV, challenged the Visitor's communication appointing the Director of IIM Nagpur as additional Vice-Chancellor. The Court held this violated Section 2(7) of the Act of 1996, which mandates succession by the Pro-Vice-Chancellor or senior-most professor. The order was quashed. Subject: Education, Writ, Service. Outcome: Allowed.

What did the court decide?

The communication/order dated 19.10.2023 relating to handing over charge to Dr. Bhimaraya Metri is quashed and set aside.

Prof. Dr. Lella Karunyakara S/O Lella Arogyam Vs the… — Education and Admissions | Bombay HC (2024)

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2024:BHC-NAG:3821-DB

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24wp7460-23(JUD) corrected.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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WRIT PETITION (WP) NO.7460 of 2023

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1)	Prof. Dr. Lella Karunyakara S/o. Lella Arogyam, aged about 57 years, Occ.: Service,
	R/o. House No.1411, Samrat Nagar, Pipri Meghe Wardha, Wardha – 442 001. E-mail: [email protected] // VERSUS //	.... Petitioner(s)
1)	The Hon’ble Visitor of Mahatma Gandhi Antrarrashtriya Hindi Vishwa Vidyalaya, through Under Secretary to the Government of India, Ministry of Education, Department of Higher Education, Room No.216-D, D-Wing, Shastri Bhawan, New Delhi -110 001. E-mail:[email protected]
2)	The Mahatma Gandhi Antarrashtriya Hindi Vishwa Vidyalaya, Wardha, through its Registrar, Gandhi Hills, Wardha – 442 001. E-mail:[email protected]
3)	Dr. Bhimaraya Metri Director,
	Indian Institute of Management, Nagpur – 441 108. E-mail : [email protected]

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nd.thawre

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... Respondent(s)

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Shri Firdos Mirza, Advocate for the Petitioner/s Shri N.S. Deshpande, DSGI for Respondent No.1 Shri Anand Parchure, Advocate for the respondent No.2 Shri R.M. Vaidya, Advocate for the respondent No.3

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CORAM : ANIL S. KILOR AND SMT. M.S. JAWALKAR, JJ. DATE : 28.03.2024

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ORAL JUDGMENT : (PER : ANIL S. KILOR, J.)

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Heard.

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Rule . Rule made returnable forthwith. Heard finally by consent of the parties.

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In this writ petition, a challenge is raised to the communication/order dated 19.10.2023 issued by the respondent No.1/Under Secretary to the Government of India, addressed to the Registrar (i/c), Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalaya (MGAHV), Wardha, conveying the decision of the Hon’ble President of India in her capacity as Visitor of the MGAHV that, the resignation of Prof. Rajneesh Kumar Shukla has been accepted and he was relieved from the duties of ViceChancellor with immediate effect.

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nd.thawre

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This communication further informs that the charge of Vice-

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Chancellor should be handed over to in/charge Vice-Chancellor, MGAHV, Dr. Bhimraya Metri, the Director of IIM, Nagpur, till the new Vice-Chancellor is appointed.

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The challenge to the above referred communication/order is

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raised on the ground that, the impugned order is issued in contravention of the first statute under Section 27 of the Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalaya, Act, 1996 (for short the “Act of 1996”). The relevant clause reads thus:

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“2.(1) to (6) ***

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(7) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill health or any other cause, the Pro-ViceChancellor shall perform the duties of the Vice-Chancellor:

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Provided that if the Pro-Vice-Chancellor is not available, the senior-most professor shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office or until the existing Vice-Chancellor attends to the duties of his office as the case may be.”

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From the language of Statute 2(7), it is evident that if the office of the Vice-Chancellor becomes vacant due to death,

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resignation or otherwise, or if he is unable to perform his duties due

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4/6 24wp7460-23(JUD) corrected.odt

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to ill health or any other cause, the Pro-Vice-Chancellor shall perform the duties of the Vice-Chancellor.

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Proviso to the Clause (7) says that if the Pro-Vice-Chancellor is not available, the senior-most professor shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office

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or until the existing Vice-Chancellor attends to the duties of his office as the case may be.

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In the present matter, undisputedly, there is no Pro-ViceChancellor, who can perform the duties of the Vice-Chancellor on his resignation. In the said contingency, as per the above referred statute, the Hon’ble Visitor of MGAHV ougth to have appointed the Senior Most Professor.

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It is case of the petitioner that being the Senior Most Professor, he performed the duties of the Vice-Chancellor from 14.08.2023 till the date of the impugned communication.

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However, the learned DSGI, submits that there are certain

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complaints of serious nature against the present petitioner and

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nd.thawre

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5/6 24wp7460-23(JUD) corrected.odt

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therefore, Dr. Bhimaraya Metri, Director, IIM, Nagpur was given additional Charge till the new Vice-Chancellor is appointed.

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Considering the language of above referred statute, we have no hesitation to hold that such mode is not permissible.

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Admittedly, Dr. Bhimraya Metri, who is no way connected with the MGAHV, but is the Director of IIM, Nagpur, therefore, in any case, he cannot perform the duties of Vice-Chancellor as an additional charge, as per the Statute 2(7).

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Moreover, in the impugned communication/order, there is no reason given, why the charge was not given to the senior most professor or if any impediment was there in giving the charge to the senior most professor, then why it was not given to the next senior professor from the MGAHV.

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In the circumstances, we are of the opinion that the respondent No.1 has committed error in handing over the additional charge of Vice-Chancellor of MGAHV to Dr. Bhimaraya

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nd.thawre

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Metri, till the new Vice-Chancellor is appointed. Accordingly, we

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pass the following order:

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(i) The writ petition is allowed .

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(ii) The communication/order dated 19.10.2023 issued by the Under Secretary to the Government of India, is hereby quashed and set aside to the extent Clause (ii) of the said communication which relates to handing over the additional charge of Vice-Chancellor, MGAHV, Wardha, to Dr. Bhimraya Metri, Director of IIM, Nagpur, till a new Vice-Chancellor is appointed.

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Corrections carried out as the Court’s order dt.01.04.2024.

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(iii) The respondent No.1 may take fresh decision as regards to handing over the charge of the post of ViceChancellor as per the Provision of Statute 2(7).

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(iv) It is made clear that, if the respondents want to proceed with the process of appointment of ViceChancellor, they may do so, in accordance with law.

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Rule accordingly. No costs.

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[SMT. M.S. JAWALKAR, J.]

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[ANIL S. KILOR, J.]

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nd.thawre

Prof. Dr. Lella Karunyakara S/O Lella Arogyam v. the Honble Visitor of Mahatma Gandhi Antarrashtriya Hindi Vishwa Vidyalaya Thr. Under Secy. and Ors.

Case brief

What is this about?

What did the court decide?

Prof. Dr. Lella Karunyakara S/O Lella Arogyam v. the Honble Visitor of Mahatma Gandhi Antarrashtriya Hindi Vishwa Vidyalaya Thr. Under Secy. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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