Hannare Urdu Mahila Mahavidyalaya Through Its Secretary Hannure Mohd Hanif Mohammad v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4451 OF 2018 HANNARE URDU MAHILA MAHAVIDYALAYA THROUGH ITS SECRETARY HANNURE MOHD HANIF MOHAMM

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr. C.V. Thombre, Advocate for the petitioner Mr. R.B. Bagul, AGP for the respondent/State Mr. S.G. Chapalgaonkar, Advocate for respondent No.2 CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

09.08.2018 P.C. :- Heard Mr. C.V. Thombre, learned counsel appearing for the petitioner. By order dated 03.05.2018 notice was issued by this Court respondents in reference to prayer clause (B) of the petition making the same returnable on 19.06.2018. Till date no reply is filed by the respondent authority.

2.

The petitioner is before this Court with limited grievance. The submission is, the petitionerinstitute is a minority institute. Certificate issued that effect is already placed on record at Exh."A". The petitioner-institute submitted proposal for opening new college in the stream of Arts for the academic year 2011-2012. Respondent No.2 i.e. Dr. Babasaheb Ambedkar Marathwada University by communication dated 02.05.2011 informed the petitioner-institute that the proposal is forwarded to the State Government with positive recommendation.

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A certificate was also issued by the respondent No.2 University. In Osmanabad district, no other Urdu medium independent college is being run which is approved by the University. Then there are certain recommendations by the representation of the people. The learned counsel Mr. Thombare submits that inspite of repeated requests to the State authorities and apprising the State authorities that the proposal is forwarded to the State Government with positive recommendation by the University, no decision is taken on the proposal and the authorities are sitting idle on the proposal for quit long time. Thus, Mr. Thombare submits that the respondent authority and particularly respondent No.1 be directed to decide the proposal forthwith.

4.

On perusal of the material and on the backdrop of the submissions of Mr. Thhombre, learned counsel appearing for the petitioner, we are of the opinion that the petition can be disposed of with directions to respondent No.2 State to decide the proposal within stipulated period of 8 weeks from the date of order. We further direct that if the proposal of the petitioner is decided favourably, the petitioner-institute would be permitted to start the college and admit the students only from the academic year 2019 and 2020.

5.

With these directions the petition is disposed of.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] / ssp August18/wp4451.18