Raje Baag Kshikshan Sanstha Minority Institute Throughsecretary Siddiqui Sufyan Mohd Zulfequaruddin v. The State Of Maharashtra Through Its Secretary And Others

1 wp 9214.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO.9214 OF 2022 RAJE BAAG SAVAR KSHIKSHAN SANSTHA (MINORITY INSTITUTE) THROUGH ITS SECRETARY SIDDIQUI SUFYAN AZIZ MOHD. ZULFEQUARUDDIN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner:

Mr. Deshmukh Shambhuraje V AGP for Respondent/State: Mr. S. K. Tambe ...

CORAM:RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE: 13th SEPTEMBER, 2022 PER COURT:

1.

The Petitioner has put-forth prayer clause 'B', as under:- "B) To issue Writ of Mandamus or any other appropriate Writ, order or directions in the like nature the Respondents to decide the proposal of the Petitioner dated 29.9.2021 (Exh-A) for sanction of Master of Social Work College/ Additional Course At Aurangabad in view of Judgment and Order dated

2 wp 9214.2022 29.1.2021 passed in Writ Petition 1643/2021 and Writ Petition 1757/2021 and Judgment and order dated 2.11.2020 passed Writ Petition 6580/2020 and grant permission accordingly within a period of 2 weeks;"

2.

The learned AGP submits that if the proposal is complete in all respects and does not suffer from any legal impediment, the same would be decided within the time frame as prescribed under the statute.

3.

Section 109(3)(d) of the Maharashtra Public Universities Act, 2016 mandates that the Government should decide the proposal, on or before 31st January, so as to issue a Letter of Intent if the proposal is accepted.

4.

In view of the above, this Petition is disposed off.

5.

Respondent No.2 would consider the proposal of the Petitioner dated 29.09.2021, in

3 wp 9214.2022 accordance with law and, on or before 31.01.2023 in view of Section 109(3)(d) of the Maharashtra Public Universities Act, 2016, provided there is no legal impediment.

6.

Needless to state, the proposal for the 'MSW' course would be considered as per the Dr. Narendra Jadhav's Committee Report and the perspective plan, in the light of the order dated 07.11.2017, delivered by this Court at the Nagpur Bench in Writ Petition No.2444 of 2017.

[ARUN R. PEDNEKER, J.] [RAVINDRA V. GHUGE, J.] marathe