Paschim Maharashtra Education Trusts Pune v. The State Of Maharashtra Through The Secretary, Higher Education And ORS.

1 of 2 WP.13356.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13356 OF 2016 Paschim Maharashtra Education Trust's Pune Junior College of Arts, Commerce & Science Petitioner versus State of Maharashtra and others Respondents Mr.C.K.Thomas for Petitioners.

Ms.Nisha Mehra, AGP, for State.

CORAM : SHANTANU S. KEMKAR AND PRAKASH D. NAIK, JJ.

DATE :

2nd December 2016 PC :

1.

By this petition under Article 226 of the Constitution of India, the Petitioner is seeking a direction to the Respondents to renew and restore the permission already granted in the year 2010 to the Petitioner for starting an additional division of Science in existing junior college. According to the Petitioner, its case has been recommended by letter dated 28th June 2016 (Exhibit-F to the petition) by Respondent no.3 Deputy Director of Education to the State Government; but the Respondent no.2 Director of Education has not taken any decision on the said recommendation dated 28th June 2016. According to learned counsel for Petitioner, the question involved in this petition has already been considered and decided by a Division Bench of this Court in Writ Petition No.1595 of 2014 decided on 19th September 2016 (Federation of Linguistic &

2 of 2 WP.13356.2016 Religious Minority Education Institute and others Vs. State of Maharashtra and others). Learned counsel for Petitioner submits that the Petitioner is also a religious minority education institution and, therefore, Respondent no.2 Director of Education has to take into consideration the recommendation of Respondent no.3 as also the order of this Court in Writ Petition No.1595 of 2014 (supra) and to pass appropriate orders expeditiously.

2.

Considering the limited prayer made by learned counsel for Petitioner, we direct Respondent no.2 the Director, Directorate of Secondary and Higher Secondary Education, Pune Division, Pune to take appropriate decision on the recommendations of Respondent no.3 dated 28th June 2016 in the light of law laid down by this Court in Writ Petition No.1595 of 2014 (supra) as expeditious as possible and not later than two months from the date of receipt of a copy of this order.

3.

With above directions, petition stands disposed of. (PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.) MST