Late Bhausaheb Hiray Ss Trusts Dr. Baliram Hiray College Of Architecture v. Union Of India Through Its Ministry Of Human Resource And Development And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.10.18 10:13:39 +0530 CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL WRIT PETITION NO. 12211 OF 2022 Late Bhausaheb Hiray SS Trusts Dr Baliram Hiray College of Architecture ..... Petitioner Vs.

The Union of India & Ors.

..... Respondents Mr. Shailendra Kanetkar for the Petitioner Mr. Rui Rodrigues a/w. Ms. Neiyati Masurkar for Respondent No.1 Mr. Anirudh Bhatt a/w. Mr. Wesley Menezes for Respondent No.4 Mr. Sameer Khedekar for Respondent No.5 Ms. S. S. Bhende, AGP for the State

CORAM:

S.V.GANGAPURWALA & R.N. LADDHA, JJ.

DATED :

OCTOBER 17, 2022 P.C.

The Petitioner seeks continuation of affiliation for the academic year 2022-2023 for its M.Arch. Course. The learned Counsel for the Petitioner submits that last year also same exercise was required to be done. The Petitioner had filed Writ Petition No.7425 of 2021 wherein this Court on 29th October 2021 granted interim protection to the Petitioner and allowed the Petitioner to admit 20 students in the CAP round. According to the learned Counsel, the admission of these 20 students was made 1/3

subject to further orders as may be passed in the Writ Petition. According to the learned counsel, the affiliation of the Petitioner has not been rejected. The show cause notice is only issued to the Petitioner. The same methodology may be adopted as was adopted in the last year by this Court.

The learned Counsel for Respondent No.3 submits that show cause notice has been issued to the Petitioner and explanation is sought in that regard within seven days and the decision would be taken by 30th October 2022 by the Council.

The admission process has already commenced. Third CAP round would end on 28th October 2022 and thereafter there would be institutional round.

Final decision is not taken by Respondent No.3 qua extension of the approval for the academic year 2022-2023. The Petitioner is already issued with the show cause notice. The Petitioner shall reply the same within three days from today.

Respondent No.3 shall thereafter take decision upon the Application / proposal of the Petitioner for continuation of approval for the academic year 2022-2023 with intake capacity of 20 students for M.Arch course positively on or before 25th October 2022.

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The parties shall take further steps consequent to the order passed by Respondent No.3.

The Writ Petition is disposed of. No costs. All contentions of the parties are kept open. (R.N. LADDHA,J.) (S.V. GANGAPURWALA, J.) 3/3