2003 (7) TMI 729 - HC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of the Tribunal under Section 59 of the Maharashtra Universities Act, 1994.
2. Legality of the affiliation of the college to the University of Mumbai.
3. Recognition by the authorities under the National Council for Teacher Education Act, 1993 (NCTE Act).
4. Maintainability of the appeals filed by the employees under Section 59 of the Universities Act.

Issue-Wise Detailed Analysis:

1. Jurisdiction of the Tribunal under Section 59 of the Maharashtra Universities Act, 1994:
The petitioners challenged the common judgment and order passed by the Mumbai University and College Tribunal, which dismissed their appeals on the grounds that the institution was not an affiliated college under Section 59 of the Universities Act, and thus, the Tribunal had no jurisdiction to entertain the appeals. The Tribunal's jurisdiction is limited to disputes concerning dismissal, removal, termination, or reduction in rank of employees of affiliated colleges. The Tribunal can ascertain whether the appeals pertain to matters under Section 59 but cannot adjudicate on the legality or procedural compliance of the college's affiliation.

2. Legality of the Affiliation of the College to the University of Mumbai:
The petitioners argued that the college was affiliated with the University of Mumbai and the objection raised by the respondents was only regarding procedural irregularities in the grant of affiliation, not the absence of affiliation itself. The Tribunal's jurisdiction does not extend to verifying the compliance of procedural technicalities in the grant of affiliation. The Tribunal should only ascertain whether the college is affiliated. The college had been affiliated since 1994, and this affiliation had not been revoked or withdrawn by the University of Mumbai.

3. Recognition by the Authorities under the NCTE Act:
The respondents contended that the college lacked recognition from the authorities under the NCTE Act, making the affiliation illegal. However, the authorities under the NCTE Act granted recognition to the institution for the academic year 2002-03. The Tribunal should not have considered the legality of the affiliation, as it falls within the jurisdiction of the University of Mumbai and the authorities under the NCTE Act.

4. Maintainability of the Appeals Filed by the Employees under Section 59 of the Universities Act:
The petitioners were employed by the respondent institution, a degree college affiliated with the University of Mumbai, and their services were terminated on 31st January 2002. They filed appeals under Section 59 of the Universities Act. The Tribunal should have considered whether the college was affiliated and whether the appeals pertained to matters specified under Section 59. The Tribunal erred in dismissing the appeals based on the legality of the affiliation, which was beyond its jurisdiction.

Conclusion:
The High Court quashed and set aside the Tribunal's judgment, stating that the Tribunal acted in excess of its jurisdiction by dealing with the issue of the legality of the affiliation. The matter was remanded to the Mumbai University and College Tribunal to decide the appeals on merits and in accordance with the provisions of law. The rule was made absolute with no order as to costs. The Tribunal's jurisdiction is limited to adjudicating disputes specified under Section 59 of the Universities Act, and it cannot inquire into the legality or procedural compliance of the college's affiliation.