1 hvn IN THE HIGH COURT OF JUDICUATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2961 OF 2010 Smt.Shubhangi Ogale ... Petitioner Versus University of Pune and Others ... Respondents Mr. A.V. Anturkar i/by Mr. Sugandh B. Deshmukh for Petitioner. Mr. R.A. Rodrigues i/by Mr. S.G. Talekar for R. No. 1. Mr. M.G. Kulkarni for R.No. 3. Mr. S.R. Nargolkar, A.G.P. For R. Nos. 4 and 5. CORAM : D.D. SINHA & MRS MRIDULA BHATKAR, JJ. DATED : JULY 08, 2010 P. C.: Heard the learned counsel for the Petitioner and Respondents. This Writ Petition is directed against the communication dated 13.4.2010 whereby the Petitioner No. 2 is informed that the issue raised by the Petitioner in reference made to the Chancellor pertaining to withdrawal of the approval granted to the appointment of Mrs. S.H. Ogale as Principle of Modern College of Special Education of B. Ed., does not come within the purview of provisions under section 108 of the Maharashtra Universities Act, 1994. We have Considered the contentions canvassed by the learned counsel 2 for the petitioner as well as the learned A.G.P. and also perused the provisions of Section 108 of the Maharashtra Universities Act, 1994 which reads thus : “108. Questions regarding interpretation and disputes regarding constitution of the university, authority or body, etc. - If any question arises regarding the interpretation of any provision of this Act, or of any Statutes, Ordinance, Regulation or Rule, or whether a person has been duly elected or appointed or nominated or co-opted as or is entitled to be a member of any authority or body of the university, the matter may, be referred, on petition by any person or body directly affected, or suo motu by the Vice Chancellor to the Chancellor, who shall after taking such advice as he thinks necessary, decide the question, and his decision shall be final; Provided that, such reference shall be made by the Vice- Chancellor to the Chancellor upon a requisition signed by not less than twenty-five members of the Senate.” In the present case, it is not in dispute that professor Mrs. S.H. Ogale was appointed as a Principal of Modern College of Special Education of B. Ed. At latter point of time the approval granted to the said appointment came to be withdrawn on the ground that she does not possess Ph.D. Qualification as prescribed by the U.G.C. Reference is made to the Chancellor accordingly. 3 Considering the provisions of section 108 a question arising regarding the interpretation of any provisions of this Act or of any statute, ordinance .... including appointment can be considered by the Chancellor. The issue undoubtedly pertains to the appointment of the Petitioner and withdrawal of approval at the latter point of time on the ground that the Petitioner does not possess Ph.D., qualification. It is in these circumstances, there is no reason why the Reference cannot be maintainable before the Chancellor. For the reasons stated hereinabove, we expect the Chancellor to decide the reference in accordance with the law and procedure applicable in this regard as early as possible. With these directions, writ petition disposed of. All contentions raised in this writ petition by all the parties are kept open. (MRS. MRIDULA BHATKAR,J.) (D.D. SINHA, J.)