Anand Sharadchandra Oka vs University Of Mumbai & Ors

3. Shortly stated the facts of the case are that the first respondent is University of Mumbai. Respondent Nos. 2 and 3 are Vice Chancellor and Registrar respectively of respondent No.1, whereas Respondent No. 4 is the State of Maharashtra. The University is governed by the provisions of the Maharashtra Universities Act, 1994 (hereinafter referred to as 'the Act').

4. On August 2, 1999, the respondent University issued a notification calling for applications from registered graduates in the prescribed form for getting their names registered in the electoral roll for electing ten members in the Senate of the University. The writ-petitioner who holds LL.M. degree of the University applied for registering his name in the said roll. The respondent-University, however, addressed a letter to the writ petitioner, calling upon him to submit his Bachelor Degree Certificate to ascertain whether he had obtained Graduate Degree from the said University. According to the writ petitioner, if a person has obtained Master Degree or Doctoral Degree from the University, his name also should be included in the electoral roll and he cannot be denied registration only on the ground that he had not obtained Graduate Degree from the University. The writ petitioner, in the circumstances, approached the High Court by filing Writ Petition No. 436 of 2000 challenging the interpretation placed by the respondent- University on the term 'Graduate'. The High Court found prima facie substance in argument of the writ petitioner and admitted the petition by issuing Rule nisi. But, by the time the writ petition came up for final hearing, elections were over and the High Court did not think it fit to express any opinion on the question of law raised by the writ petitioner and disposed it of observing that the petition had become 'infructuous'. The question of law, however, was kept open.

5. Once again when the elections were scheduled to be held, the question of interpretation of the word 'Graduate' came up for consideration. The writ-petitioner addressed a letter to the University on October 25, 2004 to re-consider the legal issue. The respondent-University, however, disregarded the writ petitioner's request and issued a notification on April 22, 2005 for election of Senate. It insisted to register names of those persons who had obtained Graduate Degree from the University. The writ petitioner, therefore, was constrained to approach the High Court again by filing the present petition, i.e. Writ Petition 1513 of 2005. Notice was issued by the Court and the respondents appeared. An affidavit was filed on behalf of the respondents wherein it was contended that the writ petitioner could not be said to be 'aggrieved party' in view of the fact that he was graduated from Bombay University and his name could be registered in the electoral roll. No other person had made any grievance who was graduated from other University and obtained Master Degree or Doctoral Degree from Bombay University and was denied enrolment of his name in the electoral roll. The petition filed by the writ petitioner, therefore, was not maintainable.

6. The High Court in the impugned order observed that the writ-petitioner himself was a graduate who obtained B.A. Degree from the respondent-University. He could not, therefore, have any grievance in the matter. The contention of the writ petitioner was that the respondent-University was wrongly interpreting the word 'Graduate' in a restricted manner and several other persons who were not graduated from respondent-University, but obtained Master or Doctoral Degree from the University were not enrolled in the electoral roll. According to the High Court, since the writ-petitioner was not 'aggrieved party', the petition was liable to be dismissed and accordingly, it was dismissed. The said order is challenged by the writ petitioner in the present appeal.

7. Notice was issued on February 27, 2006 by this Court and on August 27, 2006, the Registry was directed to place the matter for hearing on a non-miscellaneous day. That is how the matter has been placed before us.

11. Having heard the rival contentions of the parties, in our opinion, it cannot be said that the High Court was wrong in dismissing the writ petition filed by the writ-petitioner- appellant herein. It is expressly stated by the High Court that the writ-petitioner obtained B.A. Degree from Bombay University. Thus, the writ-petitioner was graduated from the respondent-University. His name, therefore, can be registered in the electoral roll for electing members of Senate. He was not, therefore, an 'aggrieved party'. The writ petition was not in the form of PIL and it cannot be said that the High Court ought to have decided the question. To that extent, therefore, the grievance voiced by the writ- petitioner is not justifiable.

Provided. . .

(2) . . . . . . . . . .."

(emphasis supplied)

19. For the foregoing reasons, the appeal deserves to be dismissed and is, accordingly, dismissed. On the facts and in the circumstances of the case, however, there shall be no order as to costs.