Shri Saibaba Shikshan Prasarak Mandal Majalgaon Through Its President S S Sonwane v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 614 OF 2018 Shri Saibaba Shikshan Prasarak Mandal Majalgaon Through its President S. S. Sonwane .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Ganesh V. Mohekar, Advocate for the Petitioner. Shri P. K. Lakhotiya, A.G.P. for Respondent Nos. 1. Shri S. N. Pagare, Advocate for Respondent Nos. 2 and 3. CORAM : S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE : 19TH AUGUST, 2019.

FINAL ORDER :

.

We have heard Mr. Mohekar, the learned advocate for the petitioner, Mr. Pagare, the learned advocate for the university and the learned Assistant Government Pleader for respondent No. 1/State.

2.

We need not consider the earlier rejection and the deficiencies as were pointed out, because in the order dated 17.08.2017 location where the petitioner seeks to open new college did not find place in the perspective plan.

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Affidavit is filed by the Joint Director Higher Education. Para No. 5 of the affidavit reads thus.

"5.

I say and submits that the place at Pathrud Tq. Majalgaon Dist. Beed is included/approved in the perspective plan for the next academic year 2020-21 and in case, the petitioner desirous to file the proposal, the same may be filed through concerned University for next academic year after fulfilling the norms as per the G. R. and provisions of Maharashtra Public Universities Act 2016."

4.

It has been clearly stated on affidavit that Pathrud, Tq. Majalgaon, Dist. Beed has been included in the perspective plan for the academic year 2020-2021 for start of new college. 5.

In the light of the above, the petitioner may file an application for start of new college at Pathrud, Tq. Majalgaon, Dist. Beed for the academic year 2020-2021 within the time stipulated under the Maharashtra Public Universities Act, 2016. Naturally, after application is filed by the petitioner complete in all respect, the university has to process it and forward the same to the State Government with its recommendations within the time stipulated under the Act.

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With these observations and directions the writ petition is disposed of. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/August 19