Savitribai Phule Mahila Vikas Pratisthan Kandhar Through Secretary v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 WRIT PETITION NO.5667 OF 2020 WITH CIVIL APPLICATION NO.8700 OF 2020 IN WRIT PETITION NO.5667 OF 2020 SAVITRIBAI PHULE MAHILA VIKAS PRTISTHAN, ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. S. S. Jadhavar, Advocate for the Petitioner. Mr. S. K. Tambe, AGP for Respondents-State.

Mr. Uday S. Malte, Advocate for Respondent No.2. Mr. Nikhil S. Tekale, Advocate for Respondent No.3. Mr. S. G. Karlekar, Advocate for Added PartyRespondent. ...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 12th JANUARY, 2021.

PER COURT:- 1.

At the request of learned counsel for the petitioner, leave to add C.E.T. Cell as partyrespondent. Mr. Karlekar, learned counsel waives notice for added party-respondent.

2.

Under the impugned communication University directed the petitioner not to admit students for the Academic Year 2020-2021 for the first year B.Ed. Course.

(2) 3.

The ground on which the University directed the petitioner not to admit the students is that the petitioner shifted the college to another place without permission of the University/ State Government and NCTE.

4.

During the pendency of the present writ petition, the NCTE has accorded post facto sanction to the shifting of the petitioner's college at the new place in its 324th meeting held on 23-24 and 31.12.2020. Subsequently, under order dated 11.01.2021, the State Government also gave its no objection for the shifting of the college of the petitioner from Dhanegaon to Bachoti, Taluka Kadhar, Dist. Nanded.

5.

It would appear that the petitioner has been accorded the necessary sanction for the shifting of the college.

6.

The NCTE is the supervisory body. It has already accorded sanction to the shifting of the college of the petitioner.

7.

It also appears that, the petitioner is also allowed to admit the students at new place since the year 2015 and now permissions are already granted by the NCTE and the Government for the petitioner to run the college at the new place that is Bachoti.

(3) 8.

In view of that, the impugned communication by the University is set aside. The petitioner is permitted to admit the students for the first year B.Ed. Course for the Academic Year 2020-2021.

9.

If the University has any other objection, it is for the University to consider the same and pass necessary order in that regard in accordance with law.

10.

The C.E.T. Cell may include the name of the petitioner college for admission of the students in accordance with law within two days. 11.

Writ Petition is disposed of. No costs.

12.

In view of disposal of writ petition, the present civil application is also stands disposed of.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/January-2021