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Bombay High CourtWP/5165/2020disposed offdismissed for default

Dnyanganga Shikshan Prasarak Mandal Ranisawargao Through Its President Pandurang Lobhaji Rathod v. The Union Of India And Others

2020-09-07Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni3 pages

1 88-wp 5165-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5165 OF 2020 Dnyanganga Shikshan Prasarak Mandal Ranisawargaon through its President Pandurang Lobhaji Rathod .. Petitioner

Versus

Union of India and others .. Respondents Mr. Satyajit S. Bora, Advocate for the Petitioner. Mr. A. B. Dhongade, Advocate for Respondent No. 1. Mr. S. S. Dande, AGP for Respondent Nos. 2 and 3. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 07th SEPTEMBER, 2020.

PER COURT:- .

Mr. Bora, the learned counsel for the petitioner submits that the respondents be directed to carry out the inspection of the petitioner' s Industrial Training Institute at Ranisawargaon, Taluka Gangakhed, District Parbhani by sending the inspection committee as per the affiliation norms for Industrial Training Institutes 2020 for considering grant of affiliation for the year 2020. Mr. Bora, the learned counsel further submits that the petitioner never refrained the inspection committee from carrying out the inspection. It only sought 15 days time. The respondent committee has considered the same as refusal.

2 88-wp 5165-2020.odt The same is illegal. The learned counsel for the petitioner relies on the instructions contained in the handbook for establishing Industrial Training Institute to submit that by paying visit fee again the inspection can be carried out on a new day.

2.

Mr. Dhongade, the learned counsel for respondent No. 1 relies upon the letter dated 20.02.2020 issued by the office of the Director General of Training to submit that the date for inspection was fixed and if the Industrial Training Institute refused inspection, inspection will not be carried out. The concerned Industrial Training Institute is required to apply afresh for affiliation for the year 2020-2021. The inspections were to be carried out from 24.02.2020 and the standing committee inspection should reach the office of the Directorate General of Training by March 2020.

3.

We have considered the submission canvassed by the learned counsel for respective party.

4.

The letter dated 20.02.2020 and the handbook provided to us do not go hand in hand.

5.

Considering the anomaly as is pointed out, we pass the following order.

3 88-wp 5165-2020.odt 6.

In case, the respondents are considering other proposal for the year 2020, then same treatment be given to the petitioner and be considered for the year 2020.

7.

In case, the proposal of petitioner cannot be considered for the year 2020-2021, then the proposal of the petitioner filed for the year 2020 shall be considered by the respondents for the year 2020-2021. The petitioner shall pay the site visit fee afresh. Upon the petitioner paying the site visit fee, the respondents shall carry out the site inspection and complete all stages as required for taking decision on grant of affiliation considering the proposal for the year 2020-2021. 8.

With these observations, writ petition is disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.