Jai Jawan Jai Kisan Shikshan Prasarak Mandals Swami Ramanand Tirth It College Thrugh Secretary v. The State Of Maharashtra And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.566 OF 2019 Jai Jawan Jai Kisan Shikshan Prasarak Mandal's Swami Ramanand Tirth Information and Technology College (B.A. & B.C.A.) At Kandhar, Tq. Kandhar, District Nanded Through its Secretary Dr. Sunil Balaji Dhondge, Age: 46 years, Occ: Social Work, R/o. Bhavani Nagar, Kandhar, Tq. Kandhar, District Nanded.

..PETITIONER

VERSUS

The State of Maharashtra Through the Secretary for Higher and Technical Education Department, Mantralaya, Mumbai & anr ..RESPONDENTS Mr Chandrakant A. Jadhav, Advocate for petitioner; Mrs M.A. Deshpande, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 16th JANUARY, 2019 ORAL ORDER :

Heard learned Counsel appearing for the petitioner.

2.

The petitioner is a institute challenging

(2) the communication issued by respondent No.2 i.e. the Swami Ramanand Teerth, Marathwada University, Ddnyanteerth, Vishnupuri, Nanded, District Nanded, Through its Registrar informing the petitioner that the University recommended to the State Government about de-affiliation of the college being run by the petitioner-institute and cancellation of recognition granted to the petitioner-institute. The petitioner-institute was further directed not to admit any student in the college for academic session for the year 2017-2018.

3.

Though learned Counsel for the petitioner made an attempt to submit that the communication is unsustainable, perusal of the communication shows that by communication dated 16-05-2016, the petitioner-institute was already informed about the grant of de-affiliation and cancellation of the recognition and the petitioner was also informed that the petitioner can avail remedy of statutory appeal before the Hon'ble Chancellor, the petitioner failed to avail that remedy.

(3) 4.

In view of this fact, learned Counsel for the petitioner prays for withdrawal of the petition with liberty to prefer an appeal before the Chancellor of the University. Without observing anything on the merits of the proposed appeal to be filed by the petitioner and leaving issue on maintainability of the appeal for consideration by the competent authority, writ petition is allowed to be withdrawn and disposed of, with liberty as prayed for.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe