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Bombay High CourtWP/2118/2011disposed offdismissed for default

Badsaha Anjuman Ishate Taleem Shikshan Sanstha Ryp (Marathi) D.Ed College Through President v. The State Of Maharashtra And ORS

2016-08-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K. K. Sonawane2 pages

WP 2118/11 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2118/2011 Badsaha Anjuman Ishate Taleem Shikshan Sanstha, RYP (Marathi), D.Ed. College, Aurangabad, Through its President Yusuf Khan Badsaha Pathan.

...Petitioner..

Versus

The State of Maharashtra & two others.

...Respondents...

.....

Shri P.S. Patil, Advocate for petitioner.

Shri B.V. Virdhe, AGP for respondent no.1.

Shri S.S. Bora, Advocate for respondent nos.2 & 3. .....

CORAM: S.V. GANGAPURWALA & K.L. WADANE, JJ.

DATE: 20.08.2016 ORDER :

1] Shri P.S. Patil, learned counsel for the petitioner states that the petitioner had applied for opening a new D.Ed. College, however, the said proposal is rejected only on the ground that the petitioner does not possess land. According to the learned counsel, the proposal of the petitioner being prior in point of time has to be considered as per the policy as existing then. The documents were produced on record. The same were

WP 2118/11 - 2 - required to be considered. Copy of the registered leasedeed and the saledeed would substantiate the case of the petitioner.

2] Shri S.S. Bora, learned counsel for the respondent nos.2 & 3 submits that now the proposal will have to be considered as per the Regulations 2014. The directions are issued by the Apex Court to consider all the pending proposals and also fresh proposals as per new Regulations.

3] In the light of the above, the proposal of the petitioner now would be required to comply with the conditions of the new Regulations. In such an event, the petitioner may apply afresh in accordance with the Regulations as existing now. In case such a proposal is received from the petitioner, the respondents may consider the same expeditiously in accordance with law, policy and norms.

4] Writ petition is disposed of accordingly. No costs. (K.L. WADANE, J.) (S.V. GANGAPURWALA, J.) ndk/c208166.doc