Ideal Foundation v. The Secretary, Technical And Higher Education And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7485 OF 2016 Ideal Foundation.

..Petitioner.

Versus

State of Maharashtra & Others.

..Respondents.

Mr. Atharva Dandekar i/b Kumar Biswa for the Petitioner. Mr. P. P. Kakde, learned AGP for the State.

Mr. Rui Rodrigues for Respondent No. 3.

Coram : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

Date : July 5, 2016.

P. C. :

1.

Heard Mr. Dandekar, learned counsel for the petitioner and Mr. Kakde, learned AGP for the State.

2.

Admittedly, the Petitioner has been granted approval by Respondent No.4 - AICTE by the order dated 30th April 2016 to conduct / run the degree course in pharmacy with 50 intake capacity from the academic year 2016-2017.

3.

The petitioners thereafter applied to respondent nos.1 and 2 for consequent approval and for issuance of G.R., in order to enable them to conduct the said course in the academic year 2016-17. Respondent nos.1 and 2 so far have not granted the approval or issued 1 / 3

the G.R. and consequently Respondent No.3-University is also unable to grant affiliation to the said course. Hence, the petitioners have approached this court.

4.

Learned AGP does not dispute that issuance of the G.R. by Respondent No.1 once the AICTE has granted approval to the course is mere formality.

5.

Mr. Rodrigues, the learned Counsel appearing for Respondent No.3- the University states that within a week from the date of receipt of GR from Respondent No.1, University will grant affiliation to the Petitioner's college.

6.

In above circumstances, Mr. Kakde, learned AGP having taken instructions from the officer, makes a statement that the Petitioner will be allowed to participate in the CAP for the afore-mentioned course with 50 intake capacity for the academic year 2016-17, which is likely to commence shortly. Statement is accepted as an undertaking to this Court.

7.

In the light of above, we dispose of this writ petition with a direction to Respondent No.1 to expedite the process of issuance of the G.R regarding approval to the Petitioner's institute for the course of degree in pharmacy for the academic year 2016-17. That be done as expeditiously as possible and at any rate within the period of two weeks 2 / 3

from today. Respondent No.3-University thereafter within a week shall grant affiliation to the said course run by the Petitioner. The name of the Petitioner institute shall be uploaded on the website for the CAP process.

8.

Writ petition stands disposed of.

[SMT. ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.] 3 / 3