Murlidhar Narayan Nangare Vs. State of Maharashtra and ors. - Court Judgment

Excerpt:
- section 10: [swatanter kumar, c.j., a.p. deshpande & smt. nishita mhatre, jj] admission to professional colleges - technical courses - publication of brochure on basis of which candidates seek admission to various institution keeping in mind their merit and preference of colleges held, for ensuring adherence to proper appreciation of an academic course, it is essential that the method of admission is just, fair and transparent. the first step in this direction would be publication of a brochure on the basis of which the applicants are supposed to aspire for admission to various institution keeping in mind their merit and preference of college. brochure, firstly has to be in conformity with law and the statutory scheme notified by the competent authority. it is a complete and composite document as it deals with the scheme for conducting their entrance examinations, declaration of results, general instructions and method of admission, etc. this brochure is binding on the applicants as well as the authorities. this brochure or admission notification issued by the state or other competent authority cannot be altered at a subsequent stage particularly once the process of admission has begun. there is hardly any exception to this accepted rule of law. section 10: [swatanter kumar, c.j., a.p. deshpande & smt. nishita mhatre,jj] admission to professional colleges - technical courses - approval to additional seats or to start new course - cut off dates held, the settled principle of law is that merit of the applicant is the primary criteria which would determine his rank as well as the college where he would be entitled to admission. this rule should not be frustrated as it will tantamount to entirely upsetting the object of admissions based on merit oriented method and would cast cloud on the fairness and transparency of the method of admission. one of the ways in which merit can be defeated is allowing increase in the intake strength or commencement if new colleges beyond cut-off date and admissions beyond the last date specified in the notification/calendar issued by the concerned authorities. this can be illustrated by giving an example. college a which is running a professional course like engineering or mba etc. has an intake capacity of 60 seats which has duly been notified in the information brochure. however, after the cut-off date, approval is granted by the aicte and thereafter, the process is taken up by the state and the intake capacity of the college is increased by 30 more seats. these seats would obviously, not be notified in the information brochure and the candidate who are meritorious and for whom college a; be the college of reference could not get seats or give preference as the seats were limited. none had the proper knowledge about the increase in intake of seats though at a much subsequent stage and may be even after the last date of admission is over either by themselves or under the order of the court even it is put on the internet or given in the newspaper, the candidates of higher rank or meritorious candidates would not be able to avail of that benefit because they have already submitted the testimonial, have paid their fees and the courses have commenced. in that situation, for variety of reasons, they may not be able to take admission in the institution of their higher preference while the candidates of much lower merit will be admitted to that course. besides defeating the merit, it has been commonly noticed that the late admissions made by the colleges directly effect notified candidates who have questioned it more than often as their admission process is not so just, fair and transparent which has given rise to the litigation. it is also a kind of back door entry method. another serious consequence that result from such admissions is shortening of the academic courses in an undesirable manner. it is expected of other candidate selected to a professional course that he or she would complete the course in its entirety and not by missing more than a month or so in joining the said course. this results in lowering the excellence of education as well as harms the academic standard of professional education. admission to professional colleges: [swatanter kumar, c.j., a.p. deshpande & smt. nishita mhatre, jj] technical courses - held, in process of admission to professional colleges relating to technical courses, primarily three institutional bodies are involved. (i) all india technical council for technical education, (ii) state of maharashtra through director of technical education and (iii) university to which such institution is affiliated the role of all these institutions in distinct and different but for a common object. primary of the rule of all india council for technical education (aicte) is now well settled but that certainly does not mean that role of the state government and for that matter the university is without any purpose or of no importance. the council is the authority constituted under the central act with the responsibility of maintaining education standards and judging upon the infra-structure and facilities available for imparting such professional education. its opinion is of utmost importance and shall take precedence over views of the state as well as that of the university. the concerned department of the state and the affiliating university has a role to pay but it is limited in its application. they cannot lay down any guidelines or policies which would be in conflict with the central statute or the students laid down a by the central body. state can frame its policy for admission to such professional courses but such policy again has to be in conformity with the directives issued by the central body. while the state grants its approval and university its affiliation for increased intake of seats or commencement for a new course/college, its directions should not offend and be repugnant to what has been laid down in the condition of approval granted by the central authority or council. what is most important is that all these authorities have to work ad idem as they all have a common object to achieve i.e. of proper imparting of education an ensuring maintenance of proper standards of education, examination and ensuring proper infrastructure for betterment of educational system. only if all these authorities work in a co-ordinated manner and with co-operation they would be able to achieve the very object for which all these entities exist admission to professional courses: [swatanter kumar, c.j.,a.p. deshpande & smt. nishita mhatre, jj] admission schedule - interference by courts held, all the expert bodies viz. aicte as well as directorate of education in consultation with the departments of the state regulating the process of admission and maintenance of standards of education had notified a legal binding document specifying dates and schedule for various matters in relation to admission of students and commencement of courses. there has to be so compelling circumstances and grounds before the court to interfere with the prescribed schedule. it is neither so arbitrary nor so perverse, keeping in view the essential features relating to imparting education to professional courses that it should invite judicial chastisement to the extent of laying down entirely new schedule. merely because there has been some delay on the part of either of these authorities to timely grant of either of these authorities to timely grant or decline approval and permission to commence a course per se would not be sufficient ground for disturbing the notified schedule and timely commencement of courses. - 'school',thus, would include an 'art institution'.all benefits, which are otherwise available to employees, who had served in any aided private school, must also be made available to employees of 'art institution' as well.c.k. thakker, c.j. 1. rule. mr. v. p. malvankar, assistant government pleader, appears and waives service of rule on behalf of the respondents. in the facts and circumstances, the matter is taken up for final hearing today.2. this petition is filed by the petitioner for quashing and setting aside an order dated september 29, 2001 directing the respondents to extend benefits of past service to the petitioner and consider all retiral benefits on that basis.3. it is not in dispute by and between the parties that the petitioner retired as a director of arts. he was serving with the government from december 5, 1994 upto may 31, 1999. it is, however, his case that from august 27, 1967 to december 4, 1994, he had worked in abhinav kala mahavidyalay, an art institution. it was a private but aided art institution.4. the service of the petitioner in the said institution had not been taken into account and hence, he was not held entitled to retiral benefits, including pensionary benefits on that basis. he has, therefore, approached this court.5. we have heard the learned counsel for the parties.6. the learned counsel for the petitioner contended that the prayer of the petitioner was rejected by the authorities on the ground that since between 1967 and 1994, he had served in a private aided art institution, he would not be entitled to the benefits as per government resolution, higher and technical education department, dated august 21, 1995.7. the petitioner relied on an instance of mr. bele, lecturer in sir j. j. school of arts, who had also rendered services in non-government secondary school, and his services were considered for pensionary benefits. the contention of the learned counsel for the petitioner is that his case is similar to bele, and hence, the petitioner is also entitled to similar treatment and pensionary benefits.8. an affidavit-in-reply is filed by the director of art, maharashtra. in paragraph 1, it was stated that the petitioner had not put in minimum service of ten years to be eligible for pension as per the maharashtra civil services (pension) rules.9. in paragraph 3, it was stated that the case of bele was different, inasmuch as he had rendered earlier service in non-government secondary school, which had been counted for the purpose of pensionary benefits as per government resolution, dated august 21, 1995. the case of the petitioner was different, and as his earlier service was not in a 'secondary school', but in an aided art institution, he was not held eligible. a conscious decision was taken by the government not to consider past services rendered by an employee in aided art institution.10. a similar stand is taken at the time of hearing by the learned assistant government pleader. our attention was also invited to the resolution passed by the government.11. the question for our consideration, therefore, is whether the petitioner is eligible for pension and whether his case is similar to that of bele.12. the learned counsel for the petitioner, in this connection, relied on the definition of 'school' in the maharashtra employees of private schools regulation act, 1977 (hereinafter referred to as 'the act'). sub-section (24) of section 2 defines 'school', and reads as under:--' 'school' means a primary school, secondary school, higher secondary school, junior college of education or any other institution by whatever name called, including technical, vocational or art institution or part of any such school, college or institution, which imparts general, technical, vocational, art or, as the case may be, special education or training in any faculty or discipline or subject below the degree level.'13. the counsel conceded that the government resolution does not include an employee of 'art institution', but when the legislature has defined 'school', and in its inclusive part, 'art institution' was expressly referred to, it is not open to the state government to ignore the said class and deprive it of pensionary benefits. to that extent, therefore, the action of the authorities cannot be said to be legal or valid. 'school', thus, would include an 'art institution'. all benefits, which are otherwise available to employees, who had served in any aided private school, must also be made available to employees of 'art institution' as well.14. in our opinion, therefore, the petition deserves to be allowed and is accordingly, allowed. the order passed by the state government is declared illegal and is hereby set aside. it is directed that the respondents will consider past services rendered by the petitioner in mahavidyalaya - 'art institution' - as defined in sub-section (24) of section 2 of the act and extend all benefits in accordance with law. such benefits will be calculated and paid to the petitioner as expeditiously as possible, preferably within three months from today.15. rule is made absolute in the above terms. in the facts and circumstances, however, there shall be no order as to costs.16. parties be given copies of this order duly authenticated by the sheristedar/private secretary.