pvr 1 WP4567-10 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4567 OF 2010 Maharashtra Federation of University and College Teachers Organisation ...Petitioner vs. 1.The Chancellor of the Non- Agricultural Universities. & ors. ...Respondents --- Mr.N.M.Ganguli, for Petitioner. Mr.R.B.Raghuwanshi, Sr.Advocate i/b. Smt.Rutuja Ambekar, for Respondent no.1. Mr.S.R.Nargolkar, Addl.G.P. For Respondent no.2 State. Mr.Girish Kulkarni @ Mr.Hrishikesh A. i/b. Smt.M.G.Kulkarni, for Respondent no.4. Mr.G.S.Godbole and S.R.Ronghe, for Respondent no. 9. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 7th October 2010 P.C.: 1. By this petition, the petitioner which is an organisation challenges the validity of pvr 2 WP4567-10 Section 24A which has been recently added to the Maharashtra Universities Act, which empowers the State Government in consultation with the Chancellor of the University to specify eligibility condition for being elected or nominated members of various authorities of the Universities. The challenge to the provision is that it confers unguided and unchannelise power on the State Government to specify eligibility conditions. In our opinion, only because there are no guidelines to be found in the provision itself for the delegates to exercise power, the provisions cannot be struck down, because if the provision itself does not lay down guidelines then the delegate can get guidance from the scheme of the enactment itself, and we find that the manner in which the delegate i.e. the State Government has exercised the powers, it justifies what we have observed above that the delegate has exercised the powers conferred on it keeping in view the scheme of the enactment. The additional qualifications that are now prescribed in so far pvr 3 WP4567-10 as the teachers constituency for Senate is that a teacher in order to be an eligible candidate for election to the Senate must possess Ph.D. Degree and must have worked for at least 5 times as Chairman/Paper Setter/Moderator/ Exam Co- ordinator at University level appointed by University. The provisions have been made obviously taking into consideration the past conduct of the teachers in relation to undertaking examination work and the powers and the duties that are to be performed at various bodies of the Universities. In our opinion, requiring the teacher who wants to be a member of an important authority of academic body like University, to acquire Ph.D. Degree, can by no stretch of imagination be termed as unreasonable or excessive expectation. That to continue as a teacher or before permitting him to be a member, acquiring Ph.D. Degree is not necessary, cannot be the answer and for saying that the State Government has acted unreasonably in prescribing the qualification. pvr 4 WP4567-10 2. The second requirement is incorporated to encourage the teachers to willingly participate in the process of holding examination of the University. As we find that the additional eligibility conditions that have been specified by the State Government under Section 24A are in consonance with the scheme of the enactment. In our opinion, therefore, this petition cannot be entertained. It is rejected. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)