Bombay High Court
Prasanna vs The Chairman on 22 December, 2010
Bench: V.C. Daga, A. B. Chaudhari
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : N A G P U R.
WRIT PETITION No. 5222 OF 2009
Prasanna s/o Dinkar Sohale,
aged about 47 years, Occu. Service,
Director of RSA Industries Pvt Limited,
Resident of Tanga Stand, Dharampeth, Nagpur. ... PETITIONER.
-VERSUS -
1) The Chairman, University Grants Commission,
New Delhi.
2) The State of Maharashtra, through its Secretary,
Technical & Higher Education Department,
Mantralaya, Mumbai - 32.
3) The Vice-Chancellor, Nagpur University, Nagpur.
4) All India Council for Technical Education
(Statutory Body of the Government of India),
through its Chairman 7th floor, Chandralok
Building, Janpat, New Delhi 110001. ... RESPONDENTS.
....
Mr. S.J. Khandalkar, Advocate for the Petitioner.
Ms T. Khan AGP for Res. no.2
Mr. B.G. Kulkarni Advocate for Res. no.3.
Ms Tanna h/f Mr. Sundaram Adv. For Res. no.4.
....
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CORAM : V.C. DAGA & A.B. CHAUDHARI, JJ.
DATE : 22nd DECEMBER, 2010.
ORAL JUDGMENT : (PER : V.C. DAGA, J.)
Rule. Rule heard forthwith. Heard learned counsel for the rival
parties.
2. With a short preface, we make the following order.
3.
Late Rao Bahadur D. Laxminarayan of Kamptee, in District Nagpur
had executed a Will dated 3rd My 1930, by which he donated his major properties
to the Nagpur University. Nagpur was the capital of C.P. & Berar. We quote the
great expectations and the confidence the testator had from those who are the
trustees, i.e. Nagpur University and State Government of the huge properties
donated by him.
"I give and bequeath the residue of my whole estate,
both movable and immovable property consisting of cash,
Government Securities, outstanding debts due to me, fixed
deposits in Banks and Firms, houses in Kamptee, Bungalows in
both Nagpur and Secunderabad (Deccan) and a bungalow at
Kanhan together with offices, out-houses, stables, garages,
servants' quarters, garden, together with an area of 11.94 acres
of land and malik makbuza fields, and absolute occupancy
fields in mouza Waregaon in the Tahsil and District of Nagpur
to the Nagpur University, earmarked for the teaching of Applied
Science and Chemistry to the Hindu Students domiciled for not
less than six years in the Central Provinces and Berar. I direct
that my executors shall keenly watch and see that the Nagpur
University authorities shall faithfully and honestly apply and
utilize the amount so bequeathed for the purpose specially
mentioned by me in this para, and it is spent for no other
purposes. It is the holy and sacred duty both of my executors
and the Nagpur University Authorities to scrupulously carry out
my desire specified in this paragraph."
4. It appears that he had donated about 100 acres of land now located
in the heart of the Nagpur City. It is alleged that now the Laxminarayan Institute of
Technology (L.I.T.) has only 78 acres of land. L.I.T. which was established in 1942
is the only institute in Central India imparting education in B.Tech, M.Tech. in
branches like Petrochemical, Food Oil, Polymer, Paint, Pulp and Paper Technology
etc. It has produced scientists, industrialists, technocrats and luminaries who are
working in various parts of the world. It is a pride of Central India and now
Vidarbha. But since two to three decades, both the Nagpur University and the
State Government neglected this prime institute of learning. The reason being
Nagpur University and State Government freely allowed education-sharks to make
education, a trade, commerce and industry; particularly in Vidarbha without
bothering about generation of huge unemployment. It is alleged in the petition
that the research work and registration of Ph.D. in L.I.T. has been stopped since
number of years. It is alleged that the education sharks have an eye on the courses
run by the L.I.T. and on its prime lands and that is why there is a systematic
attempt to reduce L.I.T. to a non-entity.
5. Prima facie, we find considerable force in these averments looking to
the conduct of Nagpur University and State Government in giving step-motherly
treatment to such a old and prime institute in Vidarbha region; as there is no
explanation muchless satisfactory from the respondents in defence. This Court will
not be a mute spectator to all these happenings.
6. On behalf of the Nagpur University, Mr.B.G. Kulkarni Advocate
informed us that so far as teaching staff is concerned, an advertisement for 32
posts has been issued and the process of the appointment of staff is on. He further
stated that these posts will be filled within six months. Let action taken report be
placed on record.
7. So far as non-teaching staff is concerned, learned A.G.P. submits that
since there is a ban on recruitment vide Government Resolution dated 5.6.2010,
copy of which is placed on record, the recruitment cannot be done. She further
submits that the Government has taken a decision in principle to establish
Gondwana University and some of the staff including the sanctioned posts of
Nagpur University would be transferred to the Gondwana University, and
therefore, it is not necessary to appoint non-teaching staff. We reject both these
submissions being misplaced.
8. So far as the institute- Laxminarayan Institute of Technology is
concerned, it would hardly be covered by the Government Resolution dated
5.6.2010. As to the need of the institute, upon perusal of the chart it can be seen
that even for cleaning the huge constructed college building premises of about 2
lacs sq.ft. only three sweepers are available as against seven sanctioned post. One
cannot expect three persons to share the workload of seven persons to clean the
premises, which is spread over 78 acres of land. Similarly, one watchman cannot
protect the entire area. Apart from this, even the Laboratory Assistants as required
are not to be found. Under these circumstances, we issue directions to the
University to issue advertisement to fill up these posts by completing the process
within six months.
9. So far as the aspect of Gondwana University is concerned, it is only
on paper and it is not known as to when the decision would be implemented. Even
after implementation, at the most, staff from Nagpur University would be
transferred to Gondwana University but no staff-strength shall be reduced from
Laxminarayan Institute of Technology. Under the circumstances, the second reason
is also misplaced. We therefore direct the University and State Government to take
positive steps to fill up the vacant posts of non-teaching staff.
10. So far as up-gradation of Laxminarayan Institute of Technology is
concerned, it is submitted that the proposal to that effect is being considered at the
level of All India Council for Technical Education, New Delhi. We have no manner
of doubt that the said authority will take appropriate decision. It shall be the
responsibility of Respondent no.3 to undertake follow up action with Respondent
no.4 AICTE and report the progress within six months to this Court. As to research
work and Ph.D. registrations also steps shall be taken and reported. The
Respondent no.3 shall get the re-survey of the entire property of L.I.T. and restore
the original area of lands by getting all encroachments removed and report
compliance to this Court. Let the glory of L.I.T. be restored on all fronts.
11. Petitioner is at liberty to move this Court pointing out non-
compliance of these directions, if any.
With these observations and directions, the writ petition is disposed
of. Rule accordingly. No order as to costs.
JUDGE JUDGE
/TA/
