Kazi Education And Social Welfare Society Through Its Secretary Md. Kalimoddin Md. Moinoddin v. The State Of Maharashtra Through Its Secretary

*1* 119wp12627o22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12627 OF 2022 KAZI EDUCATION AND SOCIAL WELFARE SOCIETY THROUGH ITS SECRETARY MD. KALIMODDIN MD.

MOINODDIN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY ...

Advocate for the Petitioner : Shri Deshmukh Shambhuraje V AGP for the Respondent : Shri P.S. Patil ...

CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :- 15th December, 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 29.04.2022 (Exh-A) for sanction of Social Work College At Parbhani in view of Judgment and Order dated 02.11.2020 passed in Writ Petition 6580/2020 and grant permission accordingly within a period of 2 weeks;"

2.

The learned AGP submits that if the proposal is

*2* 119wp12627o22 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 29.04.2022, in 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 'BSW' 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.

kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)