College Tribunal Jurisdiction to Impose Fines for Non-Compliance Without Criminal Court Intervention

sketch of the Bombay High Court
Case
SHUBHADA SUBHASH SHAH AND ORS v. PRASHANT GAURISHANAKAR RAJMANE AND ANR (Bombay High Court, 08-09-2026)
Law
Code of Criminal Procedure, Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, Maharashtra Public Universities Act.

Highlights of the Judgment:

  • Detailed analysis of tribunal jurisdiction under Section 85 of the Maharashtra Public Universities Act, 2016.
  • Differentiation between administrative contraventions and criminal offences under the Code of Criminal Procedure, 1973.
  • Comparative evaluation of Section 85 with Section 13 of the MEPS Act concerning enforcement powers.
  • Judicial interpretation of legislative intent prioritizing swift remedies over protracted criminal litigation.
  • Precedents examined regarding whether statutory fines mandate adjudication exclusively by criminal courts.