Tryambakeshwar Shikshan Prasarak Mandal Galleborgaon Through President v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1210 OF 2019 Tryambakeshwar Shikshan Prasarak Mandal, Galleborgaon, Tq. Khultabad, District Aurangabad, Through its President, Jagannath s/o Tryambakrao Khosare, Age 40 years Occ. Agriculture.

R/o. Galleborgaon, Tq. Khultabad, Distrit Aurangabad.

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PETITIONER.

Versus.

1.

The State of Maharashtra, Through Principal Secretary, Higher and Technical Education, Department, Mantralaya, Mumbai.

2.

The Registrar, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad.

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RESPONDENTS.

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Mr. Solanke Shrikrashna B., Advocate for petitioner. Mr. M. A. Deshpande, A.G.P. for the respondents No. 1 & 2. CORAM :

PRASANNA B. VARALE AND S. M. GAVHANE, JJ.

DATE :

25th JANUARY, 2019.

ORAL ORDER :

1.

Heard learned counsel for the petitioner.

2.

The petitioner/Institute was desirous to open a College in 1/3

2 wp 1210 19.odt response to a prospective plan published by the University at village Galleborgaon Tq. Khultabad, District Aurangabad. Initially, the proposal was rejected by communication dated 22.11.2018 on the ground of unhealthy competition and by communication dated 10.12.2018 it was informed to the petitioner/institute that the State Government refused to accept the proposals having deficiencies. It is orally submitted by the Learned counsel for petitioner on instructions that post filing the petition on 14.12.2018, the University had forwarded all the proposals, which were earlier rejected, to the State Government with positive recommendation and this very issue is considered in the judgment and orders of this Court, firstly in bunch of petitions namely Writ Petition No. 13870 of 2018 and other connected petitions and secondly, in Writ Petition No. 763 of 2019 and other connected petitions.

3.

In view of the above referred facts, the petition is disposed of with direction to the State Government to consider the proposals of the petitioner/Institute and pass appropriate orders on the proposals expeditiously, needless to state on merit, before cut-off date. In case, the proposals are pending before the University, the University to submit the proposal to the State Government, on or before 29.01.2019. 4.

With these directions, petition is disposed of. Needless to 2/3

3 wp 1210 19.odt state that the directions could operate if already decision is not taken by the State Government on the proposal of the petitioner/Institute. (S. M. GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE mkd 3/3