Vighnaharata Trust, Through President, Shivajirao S. Jondhale v. State Of Maharashtra, Through Principal Secretary, Higher And Technical Education Dept And ORS

bsb 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4975 OF 2013 Vighnaharata Trust, through President Shivajirao S. Jondhale ... Petitioner v/s State of Maharashtra & ors.

... Respondents Mr.Ravindra Adsure with Sidheshwar Biradar i/by Vivek Salunkhe for the petitioner.

Ms.S.S. Bhende, A.G.P. For Resp. No.1.

Mr.Amit Sale for Resp. No.2.

Mr.Rui Rodrigues for Resp. No.3.

CORAM: SMT. VASANTI A. NAIK & SHRI C. V. BHADANG, JJ.

DATED : 28 JANUARY 2015 P.C.:

Heard.

By this petition, the petitioner challenges the decision of the BCUD dated 17 April 2013 as also the decision of the Management Council dated 25/26 April 2013 declining permission to the petitioner to start a new law college in Asangaon, rural part of

bsb 2 Thane District, on the ground that the perspective plan for the relevant year did not provide for a law college in Rural Thane. Mr.Rui Rodrigues, the learned counsel for the Mumbai University states that there is a change in the perspective plan, inasmuch as, a provision for a law college in Rural Thane is now made. It is stated that, if the petitioner applies for permission to start a law college in Asangaon, Rural Thane, for the academic session 2015-2016 and onwards, the University may consider the application in accordance with law.

Mr.Adsure, the learned counsel for the petitioner states that the petitioner would submit the necessary application within a period of two weeks and the University may be directed to decide the same on merits within the time frame.

In view of the aforesaid, we permit the petitioner to apply for permission to open a law college in Rural Thane for the academic session 2015-16 and onwards, within a period of two weeks. If the application is so made, we direct the University to decide the same within a period of two months from the receipt of the same on merits and in accordance with law. It is needless to mention that the application of the petitioner should not be rejected only because it is submitted after the cut-off date. If the University grants affiliation or permission to the

bsb 3 petitioner, the Bar Council may also consider the proposal of the petitioner for permission within a period of one month therefrom in accordance with law.

With the aforesaid observations and directions, the writ petition is disposed with no order as to costs. (C. V. BHADANG, J.) (VASANTI A. NAIK, J.)