G. H. RAISONI COLLEGE OF ENGINEERING, THR. DIRECTOR, DR. SACHIN UNTWALE v. MANISHA MANOHAR INGALE AND OTHERS
Probation, Maternity Leave, and UGC Guidelines: High Court Quashes Tribunal Order, Upholds Termination of Assistant Professor in Autonomous Engineering College.
Court: Bombay High Court
Citation: 2025:BHC-NAG:5215
Decision Date: 09-05-2025
List of Laws
Writ Petition; Service Law; Maternity Leave; Probation; University Grants Commission (UGC) Regulations; All India Council for Technical Education (AICTE) Regulations; Maharashtra Public Universities Act; Natural Justice; Termination of Service; Back Wages; Right to Information Act, 2005
- Facts: Respondent No. 1, an Assistant Professor at G. H. Raisoni College of Engineering, was appointed on probation on 01.06.2015. Shortly after, she availed maternity leave for six months, later extended by four months. The petitioner college extended her probation, citing her continuous leave. Upon failing to discharge duties and not registering for a mandatory Ph.D., her services were terminated. The University and College Tribunal ordered her reinstatement with 75% back wages, leading the college to file a writ petition.
- Procedural Posture: The petitioner, G. H. Raisoni College of Engineering, filed a writ petition in the High Court of Judicature at Bombay, Nagpur Bench, challenging the judgment and order passed by the University and College Tribunal, Nagpur, which had granted reinstatement and back wages to Respondent No. 1.
- Issue: Whether the University and College Tribunal's order reinstating Respondent No. 1 with 75% back wages is sustainable, considering her initial probation, extended maternity leave, failure to meet Ph.D. requirements, and the autonomous status of the petitioner college regarding UGC guidelines; and whether UGC Regulations are mandatory or directory for state-affiliated autonomous institutions.
- Holding: The High Court allowed the writ petition, quashing the Tribunal's order and confirming the termination order. The Court held that due procedure was followed in terminating the services of Respondent No. 1, and she was not entitled to reinstatement or back wages.
- Reasoning: The Court reasoned that the college, being an autonomous institution, followed due procedure in terminating the respondent's services due to unsatisfactory performance and failure to meet Ph.D. requirements. The Court emphasized that the respondent availed extensive maternity leave shortly after her appointment, hindering performance assessment. It also noted that the UGC guidelines are directory for state-affiliated autonomous institutions unless adopted by the State Government through amendments to the relevant Act. The Court found no bias against the respondent, as she was granted maternity leave and permission to pursue a Ph.D. The Tribunal's order was deemed unsustainable as it did not adequately consider these factors or the respondent's qualifications as per AICTE guidelines. The court relied on Kalyani Mathivanan Vs. K. V. Jeyaraj & Ors., reported in (2015) 6 SCC 363, to support the position that UGC regulations are not mandatory for universities under state legislation unless the state government adopts them.
🔒 For Members Only