Gramaudyogik Shikshan Mandals Maharashtra Institute Of Technology Thu Its Managing Principal v. The State Of Maharashtra And Another

50_WP577317.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5773 OF 2017 Gramaudyogik Shikshan Mandal's Maharashtra Institute of Technology, Aurangabad A Trust/Society registered upon the Societies Regulation Act, 1960, Having its address for communication at Beed Bye Pass Road, Satara Parisar, Aurangabad. Through its Managing Principal Dr. Santosh Panditrao Bhosale Age: 47 years, Occu.: Service, having his address for communication at Maharashtra Institute of Technology, Beed Bye Pass Road, Satara Parisar, Aurangabad. ..PETITIONER

VERSUS

1. State of Maharashtra Through the Chief Secretary Government of Maharashtra, Mantralaya, Mumbai.

2. Fees Regulating Authority, Through its Chairperson Having its address for communication at Govt. Polytechnique Building, Kherwadi, Bandra (East), Mumbai - 400 051.

..RESPONDENTS ....

Mr. M.M. Dabholkar, Advocate for petitioner.

Mrs. M.A. Deshpande, A.G.P. for Respondent No.1 - State. Mr. U.S. Malte, Advocate for Respondent No.2. ....

CORAM : ANOOP V. MOHTA & SUNIL K. KOTWAL, JJ DATED : 27th JUNE, 2017 1 / 2

50_WP577317.odt ORAL JUDGMETN (Per : ANOOP V. MOHTA, J.) :

1.

Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2.

Petitioner's review application was rejected by Respondent No.2 - Fee Regulating Authority merely on the ground of no provision for condoning the delay in filing review application against the impugned order of fee structure. This Court in similarly placed matters (Writ Petition No. 7591 of 2017, dated 23rd June, 2017) by condoning the delay requested Respondent No.2 - Fee Regulating Authority to decide such application in accordance with law. 3.

In view of the above, case is made out and in the interest of justice, we are inclined to condone the delay, if any, in filing review application. Respondent No.2 - Fee Regulating Authority to decide the application in accordance with law, as early as possible, preferably within a period of two weeks, as admission process is in motion. Parties to appear before the committee on 29th June, 2017 and take steps accordingly. 4.

Petition is allowed. Rule is made absolute accordingly. No costs. ( SUNIL K. KOTWAL, J. ) ( ANOOP V. MOHTA, J. ) SSD 2 / 2