Purogami Shikshan Sanscrutik Kridaprasarakmandal Through Its President Hari Narayan Jamale v. The State Of Maharashtra And Another

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9967 OF 2016 WITH CIVIL APPLICATION NO. 5590 OF 2017 Shri Purogami Shikshan Sanscrutik Krida ..

Petitioner Prasarak Mandal, Savaladbara, Tq. Soygaon, Dist. Aurangabad, through its President/Chaiirman ...

Versus

The State of Maharashtra & Anr.

..

Respondents Miss P.S. Talekar h/f. Talekar & Associates, Advocate for the petitioner.

Mr.C.S. Kulkarni, AGP for respondent/State.

Mr.S.G. Chapalgaonkar, Advocate for respondent No.2. CORAM : S.V.GANGAPURWALA & S.M.GAVHANE,JJ.

DATED :

30.11.2017 P.C. :- 1.

Miss Talekar, learned advocate for the petitioner submits that the petitioner had submitted proposal for extension and up-gradation of the courses. However, the same is rejected on the ground that under Government Resolution dated 29.04.2015, the permissions

( 2 ) are not granted for the academic year 2015-16. According to the learned advocate, same proposal could have been considered for the next academic year. The University has positively recommended proposal of the petitioner. 2.

Learned AGP states that the Government has taken policy decision not to grant new colleges and courses for the academic year 2017-18. The University is required to prepare a scheme/prospective plan for the grant of new colleges. Taking into consideration the new Act of 2016 and its provisions, the Government has taken a decision not to grant colleges and courses for the academic year 2017-18.

3.

We have considered the submissions. It does not appear that the proposal of the petitioner has been rejected on merit and only on the ground of policy decision of the respondents did not grant permission even for up-gradation/extension of courses.

( 3 ) 4.

In-case, the prospective plan permits, then the proposal of the petitioner forwarded on 20.04.2015 by the University shall be considered for the academic year 2018-19 on its own merits as per the policy and the decision upon it shall be taken by end of May, 2018. 5.

The writ petition is accordingly disposed of. No costs.

6.

In view of disposal of Writ Petition, Civil application stands disposed of.

[S.M.GAVHANE,J.] [S.V.GANGAPURWALA,J.] /2017/ 17/ snk NOV