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Bombay High CourtWP/7359/2020disposed off

Akbar Khan Patel Multi-Purpose Education Society Satara Parisar Aurangabad Through Secretary v. The State Of Maharashtra And Another

2025-06-17Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Neeraj P. Dhote3 pages

2025:BHC-AUG:15479-DB 9-wp7359.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7359 of 2020 Akbar Khan Patel Multi Purpose Education Society vs.

State of Maharashtra and anr.

---- Mr.Rajendrraa Deshmukkh, Senior Advocate i/b. Mr.Kunal Kale, Advocate for petitioner Mr.P.K.Lakhotiya, AGP for respondent no.1 Mr.S.S.Tope, Advocate for respondent no.2 ----

CORAM

:

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

DATE :

JUNE 17, 2025 ORDER :- This petition is filed with the following prayers :- C) Rule may kindly be made absolute by issuing necessary directions to the Respondent No.1 - The State of Maharashtra, Department of Higher and Technical Eduction, M.S., Mantralaya, Mumbai to forthwith grant final permission to the petitioner Society for commencing a new Senior Degree College i.e. `A.K.Patel Arts, Commerce and Science College' at Satara Parisar, Beed Bypass, Aurangabad from the academic year 2020-2021, to be affiliated to Dr. Babasaheb Ambedkar Marathwada University, Aurangabad in terms of its Proposal/Application dated 30/09/2018 D) Pending the hearing and final disposal of this Writ Petition, the necessary directions may kindly be issued to the respondent no.1/the State of Maharashtra, Department of Higher and Technical Education, M.S.

, Mantralaya, Mumbai to forthwith provisionally grant final permission to the petitioner Society for commencing a new Senior Degree College i.e. `A.K.

9-wp7359.2020 to be affiliated to Dr. Babasaheb Ambedkar Marathwada University, Aurangabad in terms of its proposal/application dated 30.09.2018.

2.

It is fairly submitted by learned senior counsel for the petitioner that the academic year for which the relief was sought, has lapsed and therefore, the petition may be disposed of. He submits that the petitioner will approach the concerned authority with a fresh proposal for new academic year, if need be so. 3.

Learned AGP submits that the petition has become infructuous.

4.

Paragraph 11 of the afÏdavit-in-reply filed by respondent no.1 reads as under:- 11.

I say and submit that in view of the above facts, the process for grant of final approval for the academic year 2020-21 has been completed. Now, as per the provision of Section 109(3)(d) of the Maharashtra Public Universities Act, 2016, the validity of Letter of Intent issued to the petitioner has been expired on 31.1.2020. Therefore, the proposal of the petitioner for the academic year 2020-21 is not considerable or acceptable. 5.

In view of the above, it is clear that nothing survives in the Writ Petition. Hence, the Writ Petition stands disposed of as infructuous.

9-wp7359.2020 6.

The petitioner would be at liberty to file appropriate application before the appropriate authority under the Maharashtra Public Universities Act, 2016, for future academic year. [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP