Rashtriya Charitable Trust Through Its Secretary Nitin Suresh Patil v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8458 OF 2016 Rashtriya Charitable Trust ..Petitioner Vs.

The State of Maharashtra and ors ..Respondents -- Mr.V.D.Hon, Senior Advocate i/b. Mr.A.V.Hon, Advocate for petitioner Mr.S.B.Yawalkar, AGP for respondent nos.1 and 2 Mr.S.G.Chapalgaonkar, Advocate for respondent no.3 -- CORAM : S.V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : MAY 03, 2017 PER COURT :

The proposal filed by the petitioner - Institution seeking permission to open and run new Arts, Commerce and Science College has been rejected by the respondent/authority. The rejection is basically on the count of criteria laid down under Serial No.12(B) of the Appendix "B" to the Government Resolution dated 02.09.2013 i.e. the petitioner does not have sufficient area.

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Mr.Hon, learned Senior Counsel for the petitioner, on instructions, states that the petitioner would not press the proposal for Science faculty and would restrict the proposal only to the extent of opening and running Arts and Commerce college for the present. He submits that the said proposal may be directed to be considered only for Arts and Commerce College.

3.

The learned AGP submits that the Government has taken a policy decision not to grant permission to start new college for the academic year 2017-2018.

4.

In view of the above, it would not be possible to pass any order in favour of the petitioner at present. In case in future some policy is adopted by the government, the petitioner may apply afresh.

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Writ Petition stands disposed accordingly.

No costs.

[SANGITRAO S. PATIL, J.] [S.V. GANGAPURWALA, J.] kbp