Jagdamba Shikshan Prasarak Mandali, Kuldharan Through Its Treasurer v. The State Of Maharashtra Through Its Section Officer And ORS.
hcs 907.w4981.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4981 OF 2018 Jagdamba Shikshan Prasarak Mandali, Through its Treasurer ...
Petitioner.
V/s.
The State of Maharashtra & Ors.
...
Respondents.
Mr.A.B. Bobe i/b Mr.Prosper D'Souza for the Petitioner. Dr.K.R. Kulkarni AGP for Respondent Nos.1 and 2 - State. CORAM : R. M. BORDE AND N. J. JAMADAR, JJ.
DATE : 6TH JUNE, 2019.
P.C.:
1] The petitioner tendered proposal for opening the College at Kuldharan Taluka Karjat, District Ahmednagar, however, the proposal has not been considered on account of deficiency in respect of fixed deposit receipt tendered by the petitioner along with the proposal which is stated to be valid for shorter duration. Though the petitioner could have been extended an opportunity to cure deficiency and proposal could have been considered, however, at this stage, the request made by the petitioner for issuing direction to the respondents to consider proposal for granting the Letter of Intent for opening new college at aforesaid location need not be considered for the reason that academic year is already over and aforesaid location has not been prescribed in annual plan prepared by the University in terms of section 107 (5) of the Maharashtra Public Universities Act, 2016. In the circumstances, it will be open for the petitioner to tender fresh 1/2
907.w4981.18.odt proposal as and when the University proceeds to include aforesaid location in the annual plan and invites the applications from eligible institutions. In such eventuality, rejection of proposal of the petitioner, which is the matter of challenge in instant petition, shall not be considered as the impediment for taking into account the proposal of the petitioner for grant of the Letter of Intent. In view above, the Writ Petition is disposed of.
(N. J. JAMADAR, J.) (R. M. BORDE, J.) 2/2