Kai Bapusaheb Pundlik Kalu Patil Bahuuddeshiya Shikshan Sanstha Through Secretary v. The State Of Mahrashtra And Another
1 wp 11258.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 11258 OF 2019 KAI BAPUSAHEB PUNDLIK KALU PATIL BAHUUDDESHIYA SHIKSHAN SANSTHA, GUDHE THROUGH ITS SECRETARY
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Petitioner : Mr. Jadhavar Santosh S. AGP for Respondent / State : Mr. P. G. Borade ...
CORAM: S. V. GANGAPURWALA & ANIL S. KILOR, JJ.
DATE:
th SEPTEMBER, 2019 PER COURT:
1.
Mr. Jadhavar, learned counsel for the petitioner submits that the petitioner has filed proposal for opening of new Arts, Science and Commerce Women's College at Bhadgaon, District - Jalgaon. The University had given negative recommendations. The State Government did not accept the proposal and has returned back the proposal.
2 wp 11258.19 2.
Mr. Borade, the learned Assistant Government Pleader submits that, as it was case of negative recommendations by the University, the proposal was returned back.
3.
It is only the State Government who can grant or reject the permission for opening new college or additional divisions. The State Government is not bound by the recommendation of the University. However, it can consider the recommendations made by the University.
4.
Considering the above, the State Government ought to have taken decision on the proposal forwarded to it either one way or other instead of simply returning it back.
5.
In light of the above, respondent no. 2 shall forward the said proposal along with negative recommendations to the Government within a period of two (02) weeks from the date of communication of this order to respondent no. 2. On receipt of the said proposal, respondent no. 1 / State
3 wp 11258.19 Government shall take decision upon it expeditiously and preferably within a period of six (06) weeks from the date of receipt.
6.
The writ petition is disposed of accordingly. No costs.
[ANIL S. KILOR, J.] [S. V. GANGAPURWALA, J.] marathe