Maharashtra Shikshanik Va Arogya Vidyanagari, Thane v. The State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5539 OF 2015 WITH WRIT PETITION NO. 5603 OF 2008 Maharashtra Shaikshanik Va Arogya Vidyanagari

...Petitioner

Vs.

State of Maharashtra & Ors.

...Respondents

Ms. Kumud Bhatia, Advocate for the Petitioner Mr. Vikas Mali, AGP for Respondent No.1 Mr. Rui A. Rodrigues, Advocate for Respondent No.2 CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ.

DATED : 30THAUGUST, 2016 P.C. :

Parties through their Counsel. Learned Counsel for the Petitioner submits that due to efflux of time both the Petitions have rendered infructuous. However, she submits that the Petitioner has requisite infrastructure and other facilities required for opening of new College of Arts, Science and Commerce. In the circumstances she makes a prayer that the Petitioner may be given liberty to make appropriate application in accordance with law before the Respondent

University. She further submits that in case such an application is filed by the Petitioner the Respondent University be directed to process the same and if the Petitioner is found to be entitled then to recommend the application of the Petitioner to State Government for approval and the State Government be directed to consider and take appropriate decision on it in accordance with law as expeditiously as possible.

2.

Having regard to the aforesaid submission we dispose of both the Petitions with liberty to the Petitioner to submit the application as aforesaid within two weeks before the University who in turn deal with the said application in accordance with law as expeditiously as possible and then if required send the same to the State Government who in turn will deal with it in accordance with law as expeditiously as possible.

Both the Petitions are disposed of.

(M.S. KARNIK, J.) (SHANTANU S. KEMKAR, J.)