Allama Mohd Taher Educational And Career Amtec Foundation Through Its Secretary v. The State Of Maharashtra Through Its Principal Secretary And Another

2025:BHC-AUG:23179-DB wp-2905.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2905 OF 2024 Allama Mohd. Taher Educational & Career (Amtee) Foundation, Rajuri Ves, Beed, through its Secretary - Dr. Farooqui Kafil Ahmed, Age: 47 years, Occ. Business, r/o. Rajuri Ves, Beed, ..Petitioner Vs.

1.

The State of Maharashtra Through its Principal Secretary, Higher and Technical Education Dept., Mantralaya, Mumbai - 400 032 2.

S.N.D.T. Women's University, Through its. Registrar, 1, Nathibai Thackersy Road, New Marine Line, Churchgate, Mumbai - 400 020 ..Respondents ---- Mr.S.S.Thombre, Advocate for petitioner Mrs.P.J.Bharad, AGP for respondent no.1 ----

CORAM

:

R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE :

AUGUST 07, 2025 ORDER :- Heard.

2.

The petitioner is an educational institute. It had applied to respondent no.1 for grant of permission to run an institute of para-

wp-2905.2024 medical science and technology, at Beed, for the academic year 2022-2023. The university had recommended the proposal of the petitioner. Respondent no.1, however, by its order dated 20.12.2023, rejected the same on the ground that the academic year 2022-2023 was over when the proposal came for consideration. 3.

In the aforesaid factual backdrop, the petitioner - Institute may be required to make a fresh application with the renewed recommendation of the University. The petitioner - Institute, for no reason, would be required to pay the fee again on the application. It is not the case that some other institute has been granted permission to open the para-medical science and technology institute within the vary area.

4.

It would, therefore, be in the fitness of things to set aside the order impugned herein and direct the authorities concerned, i.e. respondent no.1 to consider the petitioner's application for the academic year 2026-2027, on its own merits.

5.

Hence, the following order:- (i) The order impugned in this petition is set aside. (ii) Respondent no.1 to consider the petitioner's application, if any, to run an institute of para-medical science and technology, at

wp-2905.2024 Beed, for the academic year 2026-2027, on its own merits, on or before 30.11.2025. The fees paid by the petitioner be given due set off.

(iii) The petition stands disposed of accordingly.

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP