This is an archive article published on June 27, 2023
Bombay HC quashes Vice-Chancellor’s order rejecting a petitioner’s nomination form for Mumbai University Senate
After MU rejected his nomination on June 12, the petitioner appealed before the Vice Chancellor on June 14, whereby he had the list of two institutions approved by NAAC, showing the petitioner's college as second on the list.
The petitioner showed an e-mail by NAAC to the Principal of BPCA's College of Physical Education, Mumbai, which confirmed on March 30 this year, that the institution had been accredited for a period of five years. (Express file photo)
Bombay HC quashes Vice-Chancellor’s order rejecting a petitioner’s nomination form for Mumbai University Senate
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The Bombay High Court, while quashing the order of Mumbai University Vice Chancellor wherein it rejected the Senate poll nomination of a candidate, recently expressed displeasure over the university’s “entirely bureaucratic approach”.
On June 19, a division bench of Justice Gautam S Patel and Justice Neela K Gokhale was hearing a plea by Sanjay Baburao Shete, a member of Bombay Physical Culture Association (BPCA). He challenged MU’s decision to reject his nomination form for the University senate only for want of a National Assessment and Accreditation Council (NAAC) certificate.
The petitioner showed an e-mail by NAAC to the Principal of BPCA’s College of Physical Education, Mumbai, which confirmed on March 30 this year, that the institution had been accredited for a period of five years.
After MU rejected his nomination on June 12, the petitioner appealed before the Vice Chancellor on June 14, whereby he had the list of two institutions approved by NAAC, showing the petitioner’s college as second on the list.
Senior advocate Mihir Desai and advocate Ajinkya M Udane submitted that the college has been accredited for several cycles before, and the petitioner has served on the Senate earlier as well. It was argued that an actual physical certificate or at least an “actual certificate” was not sent in by the petitioner. The respondents also argued that the Principal ought to have corresponded with NAAC and obtained the certificate.
“We fail to appreciate this entirely bureaucratic approach. Nothing stopped the University from directly corresponding with NAAC and obtaining a confirmation. The e-mail that is now shown to us is sufficient, and if the University wants, it is at liberty to cross check with NAAC. If the University ultimately finds that NAAC did not accredit the college in question, there is no doubt that the petitioner will forthwith have to resign from his seat on the Senate. Then the University may take whatever steps that it desires. But we do not see how a nomination can be rejected on facts such as these.”
The court allowed the petition and quashed and set aside an order passed by registrar-cum-returning officer of the MU, as well an order dated June 16 passed by the university’s vice chancellor.
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The court allowed the petitioner to contest elections on the conditions it had laid down and disposed of the plea.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
