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TMI Blog2003 (7) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... tly on the ground that the materials on record disclose that the college was affiliated to the University of Mumbai and the objection which was raised by the respondents was in relation to irregularities in the procedural technicalities in the grant of affiliation by the University and not of absence of affiliation itself, and under Section 59 of the Universities Act, the Tribunal has no jurisdiction to go into the issue of compliance of procedural technicalities in the matter of grant of the affiliation and for the purpose of jurisdiction to the Tribunal to entertain the appeal what is necessary is to ascertain whether the college is affiliated, and therefore the impugned judgment and order is in excess of jurisdiction of the Tribunal. Besides, the authorities under The National Council for Teacher Education Act, 1993, hereinafter called as the NCTE Act have already granted recognition to the institution for the academic year 2002-03 and till this date, the University of Mumbai has not revoked or withdrawn the affiliation granted to the institution, and therefore the impugned order is bad in law. 5. The learned Advocate for the petitioners, while drawing attention to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... since there was no such recognition, the alleged affiliation was bad in law and illegal. The learned Advocate appearing for respondent No. 3 - University, referring to sections 83 and 91 of the Universities Act, submitted that no student can be admitted by any college or institution unless prior affiliation is obtained from the University to such college or institution and that is apparent from Sub-section (6) of Section 83 of the Universities Act. Further, referring to letter dated 6th June, 2001 by the University to the institution, it was contended on behalf of the University that the institution was duly informed about the requirement of recognition from the NCTE within the stipulated time, failing which, necessary steps would be taken for withdrawal of the affiliation, further clarifying that no action adverse to the interest of the college has been taken after issuance of the said letter. 6. Undisputedly, the petitioners were employed in the respondent No. 1 -institution, which is a Degree College, and their services came to be terminated on 31st January, 2002. Consequent to the termination of their services, the petitioners filed Appeals in terms of the provisions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the expression of 'college' to mean a college conducted by the university, or affiliated to university, situated in the University area. Section 2(36) defines the term 'University' to mean any of the Universities mentioned in the Schedule, and Sub-section (37) of Section 2 defines the expression of 'University area' to mean the area specified against the name of the University in the Schedule. Item No. 1 of the Schedule refers to the University of Bombay, and it defines the University area to include, District of City of Mumbai as well as Mumbai Suburban. Section 2(3) defines the expression affiliated college to mean a college which has been granted affiliation by the University. Undisputedly, the college of the respondent is situated at Mulund within the area comprised under the area of Mumbai Suburban and it is not conducted by the University but is affiliated to the University of Mumbai, the respondent No. 3 herein. The expression 'conducted college' has also been defined in Section 2(11) to mean a college maintained and managed by the University and, admittedly, it is not a conducted college. 9. Section 60 of the Universities Act dea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Member Secretary. 11. Section 58 refers 'University and College Tribunal.' Sub-section (1) thereof provides that subject to the provisions of Section 66 there shall be one or more University and College Tribunals for one or more Universities in the State of Maharashtra for adjudication of dispute between the employees of the Universities and their respective University and between the employees of the affiliated college or recognized institutions and their respective managements, with regard to the matters specified in Sub-section (1) of Section 59. Other subsections of Section 58 deal with various other aspects relating to the constitution of Tribunal, qualification of person to be appointed as Presiding Officer or the Member of a Tribunal, remuneration and other conditions of service of such an officer or member and provision in respect of the ministerial staff of the Tribunal. 12. Plain reading of above referred provisions of law would disclose that constitution of the University or College Tribunal under the Universities Act has been specified for adjudication of disputes between the employees of the Universities and their respective University and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pt of an appeal under Section 59 and after giving reasonable opportunity to both parties of being heard, is satisfied that the appeal does not pertain to any of the matters specified in Sub-section (1) of Section 59 or is not maintainable by it, or there is no sufficient ground for interfering with the order of University or Management, it may dismiss the appeal. It also enumerates some of the reliefs those can be given to the parties in such appeal. In short, Section 60 deals with the general powers and procedure of the Tribunal. Section 61 pertains to powers of the Tribunal to give various reliefs in such appeals. Section 61 specifically deals with the powers of the Tribunal to verify whether the appeal satisfies ingredients of Section 59, in the sense whether the matter pertains to any of the issues relating either to the dismissal or removal or otherwise termination of service or reduction in rank of the employees and on such verification, if it is found that it does not pertain to any of the said issues then to dismiss the appeal in limini. 14. The learned Advocate for the respondent Nos. 1 and 2 referring to the expression or is not maintainable by it in Section 61 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ression prior to the word or in Section 61 would relate to the issues relating to the dismissal or removal or otherwise termination of service or reduction in rank of the employees and the expression following the word or would relate to the issue as to whether the person approaching the Tribunal is an employee of the University or College or recognized institution or whether there is any bar to appeal under any statutory provision. It would certainly include the point as to whether the college is affiliated or not but not the issue of legality or illegality or the compliance of procedural technicalities in obtaining the affiliation. Once it is disclosed from the record that the college is affiliated, that should be the end of matter to consider that the appeal at the instance of the employee of such an institution is maintainable. The jurisdiction of the Tribunal under Section 61 to deal with the issue pertaining to maintainability of the appeal cannot travel beyond the above referred points. The inquiry relating to the existence of the jurisdictional fact to entertain appeal would relate to the fact of existence of affiliation and not the legality thereof. 15. The co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether the preconditions specified under the relevant provisions are satisfied or not and only thereafter to entertain the appeal. However, in exercise of such powers, the Tribunal is not permitted to deal with the issues in relation to which it has no jurisdiction to deal with. It is well established law that the tribunal constituted under a special statute cannot travel beyond the scope of powers given to it under the statute under which it is created. 18. In the matter of D. Ramakrishna Reddy and Ors. v. The Addl. Revenue Divisional Officers and Ors., reported in AIR2000SC2723 , while dealing with the issue regarding the payment of compensation of standing trees or any other forest produce on the land vested in the State Government in terms of Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act (1 of 1973), and considering the fact that there was no provision under the said Act or in the Rules made thereunder for payment of any such compensation and considering Section 15 of the Act which makes provision regarding the amount payable for any land vested in the Government under the said Act which is to be calculated at the rates specified in the second sched ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osition of law that the jurisdiction could be conferred by statute and this Court cannot confer jurisdiction or an authority on a tribunal. Similarly, in Raza Textiles Ltd. v. ITO, reported in [1973]87ITR539(SC) , it was held that a Court or Tribunal cannot confer jurisdiction on itself by deciding a jurisdictional fact wrongly. 20. One must hasten to say that this does not mean that the Tribunal has no jurisdiction to satisfy itself about jurisdictional facts which would empower the Tribunal to entertain and deal with the appeal filed in the Tribunal. In fact, it is also well established that every tribunal of limited jurisdiction is not only entitled but bound to determine whether the matter in which it is asked to exercise its jurisdiction comes within the limits of its special jurisdiction and whether the jurisdiction of such Tribunal is dependent on the existence of certain facts or circumstances and the ruling of the Apex Court in that regard is very clear in Mohammed Hasnuddin v. State of Maharashtra, reported in [1979]2SCR265 . It was held therein that it is obviously the duty of such tribunal to see that the facts and circumstances exist to invest the tribunal wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o deal with the issue of legality or illegality of affiliation of the college. 23. The learned Advocate for the respondent Nos. 1 and 2 has drawn attention to the decision of a learned Single Judge of Karnataka High Court in the matter of Amrith Educational and Cultural Society, Bangalore and Anr. v. State of Karnataka and Anr., reported in AIR 1997 Kar 44. Therein, the petitioner-society had approached the High Court for issuance of the writ in the nature of mandamus to accord sanction/affiliation to the petitioner society for starting a new course of Bachelor of Education at Kolar. The petition was dismissed holding that sections 14 and 16 of the NCTE Act and the constitutional limitations made it clear that the institution offering or intending to offer a course or training in teacher education cannot be granted sanction/affiliation to University unless it secures recognition in terms of Section 14 of the NCTE Act. Placing reliance upon the said decision, it was sought to be contended that the mandate of Section 16 of the NCTE Act is that the University is not entitled to grant affiliation in the absence of recognition by the authorities under the NCTE Act. The said dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffiliation has been specified to be restricted to the denial of any benefit to the students who might obtained training in such colleges. It nowhere provides that mere failure to obtain recognition prior to grant of affiliation would result in termination of the affiliation or that it would render the affiliation to be illegal, even for the purpose of considering the issues pertaining to the service conditions of the employees specified under Section 59 of the Universities Act. It is one thing to say that failure to obtain recognition prior to grant of affiliation would result in rendering training to the students to be unrecognizable and it is another thing to say that it would affect rights of the employees which otherwise accrue to them in relation to their service conditions as well as a right assured to them to invite adjudication in relation to the disputes pertaining to the denial of such rights by the management of the institutions. Besides, the College in question was established in 1994 and since then it is affiliated to the University. In other words, the University affiliation to the College was obtained even before the NCTE Act came into force. Viewed from this angle t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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