Aditya Education Trust Beed Through Its President Subhashchandra Mitthulal Sarda And Another v. The State Of Maharashtra And Others

1 CA9952.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 9952 OF 2017 Aditya Education Trust, Beed, through its Principal - Subhaschandra S/o Mitthulal Sarda & Anr.

Petitioners...

Versus

The State of Maharashtra, through Secretary, Higher & Technical Education, Maharashtra State & Others.

Respondents...

..........

Shri. V. D. Salunke, Advocate for the petitioners Shri. A. V. Deshmukh, AGP for respondents No. 1 & 2 Mr Alok Sharma, Advocate for respondent No. 3 Shri. S.V. Adwant, Advocate for respondent No. 5 ............

WITH CIVIL APPLICATION NO. 9951 OF 2017 Aditya Education Trust, Beed, through its Principal - Subhaschandra S/o Mitthulal Sarda & Anr.

Petitioners...

Versus

The State of Maharashtra, through Secretary, Higher & Technical Education, Maharashtra State & Ors.

Respondent...

..........

Shri. V. D. Salunke, Advocate for the petitioners Shri. A. V. Deshmukh, AGP for respondents No. 1 & 2 Mr Alok Sharma, Advocate for respondent No. 3 Shri. S.V. Adwant, Advocate for respondent No. 4 ............

2 CA9952.2017 CORAM : R. M. BORDE & A. M. DHAVALE, JJ.

DATE : 28TH JULY, 2017.

ORDER:- 1.

Heard.

2.

We have perused order dt. 5th August, 2016 passed by this Court in Writ Petition No. 8416 of 2016 in the matter of petitionerinstitution vs State & Ors. as well as order dt. 23rd June, 2017 passed in Writ Petition No. 6540 of 2015 in the matter of Shiva Trust's Vs State & Ors.

3.

For the reasons recorded in the orders passed in the aforesaid matters & in view of the interim order passed by the Hon'ble Apex Court in the matter of Orissa Technical Colleges Association Vs. AICTE and another in Special Leave to Appeal (Civil) No. 7277 of 2014, and since the AICTE has approved the intake capacity of the college for the diploma course as 180 students, the restriction imposed by the State Government i.e. the Director is not valid. In this view of the matter, the civil applications are allowed in terms of prayer clause 'B'.

3 CA9952.2017 4.

It also needs to be clarified that, the order passed in the instant civil applications shall be subject to outcome of the decision of the Hon'ble Supreme Court in the matter of Orissa Technical Colleges Association Vs. AICTE and another in Special Leave to Appeal (Civil) No. 7277 of 2014.

[ A. M. DHAVALE ] [ R. M. BORDE ] JUDGE JUDGE sgp