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Bombay High CourtWP/6780/2005dismissedrule discharged

Sphurti Shikshan Prasarak Mandal v. The State Of Mah And ORS.

2017-06-16Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice T.V. Nalawade2 pages

WP No. 6780/05

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6780 OF 2005 Sphurti Shikshan Prasarak Mandal, Jamb, Tq. Shirur, Dist. Beed, Through its Secretary.

....Petitioner.

Versus

1.

The State of Maharashtra Through respondent No. 2.

2.

The Secretary, Education Department, Mantralaya, Mumbai-32.

3.

The Education Director, (Higher Education) Maharashtra State, Pune.

4.

The Joint Director, Higher Education, Aurangabad Region, Aurangabad.

5.

The District Collector, District Beed, Beed.

....Respondents.

Mr. S.S. Thombre, Advocate for petitioner.

Mrs. V.N. Patil/Jadhav, A.G.P. For respondents. CORAM : T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.

DATED : June 21, 2017.

ORAL JUDGMENT : [PER T.V. NALAWADE,J.] .

The petition is filed for giving direction to respondents/Government to grant permission to petitioner to

WP No. 6780/05 start 'Priyadarshini Hostel' under a scheme of Government on no grant basis.

2.

Affidavit in reply is filed which is to the effect that scheme is only to give permission to start hostel under the scheme on grant basis and there is no scope left to give permission under the scheme for starting the hostel on no grant basis. The State has made it clear that if the petitioner wants to construct building and start some hostel, he may do so and for that, there is no necessity of permission of Government, however, the petitioner cannot be allowed to use the name of the scheme as 'Priyadarshini Hostel'.

3.

In view of this fact and as the Government has stopped giving permission on grant basis, nothing survives in the petition. The petition is dismissed. Rule is discharged. [SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.] ssc/