The Sena-BJP government had on July 27, 1998 granted permission to Rashtriya Prashikshan and Shikshan Prasarak Mandal to start the Sir C V Raman Post Graduate Institute. Thereafter, the Mandal submitted an application to the Amravati University for affiliation and on August 27, 1998 and Vice-Chancellor S T Deshmukh, on the basis of therecommendations made by the Local Inquiry Committee, granted affiliation to it on September 18, 1998. However, the affiliation was withdrawn on January 27, 1999 following a decision take by the university's Academic Council.

Aggrieved by the arbitrary decision of the university, institute's Vice-President, Dinesh Suryawanshi, petitioned the Chancellor. Following the petition, Alexander issued a show cause notice to the vice chancellor Deshmukh, asking him as to why his decision should not be set aside.

In his submissions to the Chancellor, Deshmukh stated that the affiliation granted to the institute was not final as it was granted by the Vice-Chancellor under the emergency powers conferred on him by Section 14(7) of the Maharashtra University Act.

It could have become final only after if it was ratified by the Academic Council, which was the competent authority to take a decision in the matter of granting affiliation. Since the Vice-Chancellor withdrew the action taken under Section 14 (7) and sincethe letter conveying the grant of affiliation was not the decision of the Academic Council, it was not necessary to follow the procedure laid down under the Maharashtra University Act for withdrawing affiliation, Deshmukh informed the Chancellor.

Alexander rejected the arguments advanced by Deshmukh, saying he can not accept the contention, since it lacked merit. ``University's letter in unequivocal terms conveyed to the management (of the institute) that considering the permission granted by the government of Maharashtra, the University is pleased to grant first time affiliation and permission to start Sir C V Raman Post Graduate Education Institute. There is no mention of exercise of Section 14 (7) in the letter and any indication whatsover to suggest that the decision was provisional and subject to the ratification by the Academic Council,'' Alexander pointed out.

The Governor further stated that the reference to the government permission and the local inquiry committee's recommendation and the words,``the university is pleased'' and ``for the session 1998-99'' leave no scope for the doubt that the permission granted by the university was not a regular one.

The Vice-Chancellor's contention that the said order was a provisional one, was therefore, not tenable, the Government stated, adding, the University also did not follow the procedure laid down under Section 91 of the Maharashtra University Act for withdrawing affiliation. Under the section, it is binding on the Board of College and University Development to issue a show cause notice before withdrawing the affiliation.

Besides the legal aspects, Alexander has raised two more issues while setting aside the decision. Firstly, there was unjustified delay on the part of the Vice-Chancellor to put up his action of granting affiliation for ratification by the Academic Council. Affiliation granted on September 18, 1998 was placed before the academic council on December 28, 1998 and affiliation was withdrawn on January 27, 1999. A long period of fourmonths, therefore had elapsed, before ``emergent action'' taken by the Vice-Chancellor was put for ratification.

Secondly, Alexander observed the that the college, acting on the first time affiliation gave admission to the students and started the academic session. After four months the university cannot say that the college did not have the affiliation.

Finally, Alexander set aside the decision of the Vice-Chancellor S T Deshmukh since it was in violation of the principles of natural justice and the procedure prescribed under the act.