Prasanna Sohale vs Chairman University Grants Commission, State of Maharashtra and All India Council for Technical Education (Statutory Body of the Government of India)

V.C. Daga, J.—Rule. Rule heard forthwith. Heard learned Counsel for the rival parties.

With a short preface, we make the following order.

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.

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.

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.

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.

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.

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.

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.

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.

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.