PANAJI
The Bombay High Court at Goa has struck down the decision of the Goa government not to sanction grants to the Mandrem College of Commerce, Economics and Management run by the Vikas Parishad Mandrem ruling that the decision was both discriminatory and arbitrary.
The High Court also directed the State Government to release the grant in favour of Vikas Parishad for running the BCom curriculum in the college from the academic year 2017-2018 and the arrears of the grant are directed to be cleared in six equal installments.
“The decision-making process leading to the denial of the grant to the petitioners is thus vitiated by unreasonableness and the breach of guarantee of equality enshrined in Article 14 of the Constitution of India,” the High Court bench of Justices M S Sonak and Bharati Dangre ruled.
“The action of the State Government is hit by Article 14 of both the aspects being discriminatory and also being arbitrary. It is not permissible for the State to act as per its whims and fancies to suit some chosen few, while distributing its largesse and it is expected to act reasonably and fairly while dealing with the grant-in-aid, though discretionary,” the High Court ruled.
The case dates back to 2012 when the Goa government granted approval to the college, fronted by Congress leader Ramakant Khalap, for a BCom course on grant-in-aid basis. This approval was however made subject to the concurrence of the Finance Department of Goa Government.
The Goa University also granted it affiliation on 17.07.2012 for the BCom degree course for the academic year 2012-2013. Accordingly, the college started the course from 17.07.2012 and the affiliation came to be extended from time-to-time by the Goa University upto the year 2015-2016.
However, on 21.06.2013 the Department informed the College that the administrative approval for starting the BCom graduation course which was granted by the earlier letter stood withdrawn as the Finance Department did not agree with the proposal.
In the wake of this communication, the Goa University also sought to withdraw its affiliation for the academic year 2016-2017 forcing the college to approach the High Court.
That decision was initially struck down by the High Court on grounds of natural justice that the department didn’t afford the party a hearing in the matter.
However, after the department persisted with its decision despite giving the college a hearing, the college once again approached the HC.
The petitioners alleged that the administrative approval was granted by taking into consideration the relevant factors including the need-based factor but the Finance Department overruled it by reasoning that government college at Pernem is situated at a distance of 7 kms (which was found to be incorrect) and would incur a huge financial burden.
