Bahuuddeshiya Samajik Gramin Va Shaikshanik Sanstha And ANR v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 152 OF 2018 Bahuuddeshiya Samajik Gramin Va Shaikshanik Sanstha, Vinchure Tal. Satana, Dist. Nashik & Anr.

...

Petitioners

Versus

The State of Maharashtra & Ors.

...

Respondents .........

Mr. Sanjeev P. Kadam for the Petitioners.

Mr. N.C. Walimbe, A.G.P. for the State-Respondent Nos.1 to 4. .........

CORAM

: R.D. DHANUKA & R.I. CHAGLA, JJ.

DATE : 12th JULY, 2021.

(V.C.) P.C. :- Rule. The learned A.G.P. for the Respondents waives service. Heard finally by consent of the parties.

By this Petition filed under Article 226 of the Constitution of India, the Petitioners are seeking directions against Respondent Nos.1 and 2 to allow the Petitioners to start the social work colleges at their respective institutions.

1 / 4

The Petitioners are registered Trust working in the field of social work and also manage educational institutions, children homes, schools. Petitioner No.2 is registered in the year 2004 and manages educational institutions such as Mahajan College of Technology, Arani Road, Wadgaon, District Yavatmal, B.B.A. and B.C.A. and D.Ed. College at Yavatmal and two senior colleges. On 03.08.2012, the Respondent No.1-State called for proposals to start social work colleges in particular areas. Pursuant to the State's request for proposals to start social work colleges, the Petitioners in August, 2012 submitted proposals to start social work colleges (M.S.W.) at the respective places. On 21.08.2012 the Government forwarded the proposals to the Social Welfare Department officers and called for their remarks.

On 13.09.2012 the Assistant Commissioner, Social Welfare, Nashik, recommended the name of the Petitioners to start the social work college. The Regional Deputy Commissioner, Social Welfare Department, Nashik also recommended the name of the Petitioners to start social work college as per their proposals. The Petitioners were aggrieved as inspite of those recommendations from the Social Welfare Department, no further 2 / 4

steps were taken in the matter by the Respondent No.1. Hence this Petition has been filed.

The learned Counsel for the Petitioners submits that though various recommendations were made by the Social welfare Department of the Respondent-State to permit the Petitioners to start social work colleges, no further steps were taken by the Respondent No.1 pursuant to such recommendation. He submits that the Respondent No.1 be directed to act upon the recommendation issued by Social Welfare Department of the Respondent-State by its letter dated 13.09.2012 regarding Petitioner No.1 and 12.06.2014 regarding Petitioner No.2 and allow the Petitioners to start the social work colleges. He, therefore, presses for the prayer clause (c) set out in the Petition i.e. alternative prayer i.e. Respondent Nos.1 and 2 be directed to take appropriate decision on the proposals of the Petitioners and their recommendations.

Having considered the above submissions, it would be appropriate to direct the Respondent-State to consider the proposal of the Petitioners as well as their recommendations issued by the Social Welfare Department of the Respondent-State expeditiously and not later than eight weeks from the date of this order. 3 / 4

Respondent No.1 to convey the order that would be passed pursuant to proposal of the Petitioners within a period of one week from the date of passing of the order.

Petition is accordingly disposed of in the above terms. Rule is made absolute accordingly.

There shall be no order as to costs.

( R.I. CHAGLA, J. ) ( R.D. DHANUKA, J. ) 4 / 4