Maha. Rajya Kayam Vina-Anudanit Varishta Mahavidyalaya Kruti Samiti, Thr. President, Deepak S. Dhot v. State Of Maharashtra, Thr. Its Secretary For Higher And Technical Education, Mumbai And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.
OF 20 Maharashtra Rajya Kayam VinaAnudanit Varishta Mahavidyalaya Kruti Samiti, Through its President Dr. Deepak Sheshraoji Dhote, R/o. Mahalaxmi Colony, Amravati .. Petitioner
Versus
1. State of Maharashtra, Through its Secretary, for Higher and Technical Education Mantralaya, Mumbai
2. Director, Higher and Technical Education, Central Building, Pune.
.. Respondents
3. Union of India, Through its Secretary for Ministry of Human Resources Department, New Delhi
4. University Grants Commission, Through its Chairman, New Delhi.
------------------------------------------------------------------------------------------------- Mr. Sunil Manohar, Sr. Adv. with Mr. S. A. Marathe, Advocate for petitioner Mr. L. M. Acharya, Adv. with Mr. M. J. Khan, AGP for respondent Nos.1 & 2 Mrs. Mugdha Chandurkar, Advocate for respondent No.3 Mr. Arun Agrawal, Advocate for respondent No.4 -------------------------------------------------------------------------------------------------
CORAM
:
SUNIL B. SHUKRE AND G. A. SANAP , J J .
DATE :
2 7 /0 6 /2022 ORAL JUDGMENT : (Per : SUNIL B. SHUKRE, J.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.
(2) The only issue which has remained tobe resolved through this petition is of the meaning assigned to the words "on permanent no grant basis" as the permission granted to the petitioner to start new college is "on permanent no grant basis", as per the order dated 02.07.2007.
(3) The learned senior Advocate appearing for the petitioner has contended that whenever the words "permanent no grant basis" are used they are to be understood as conveying the meaning that permission granted to start the new college is not on no grant basis permanently but is on no grant basis to be reconsidered as and when the financial situation of the Government improves or as and when a new policy decision is taken. For this preposition of law, learned senior Advocate relies upon the view taken by Division Bench of this Court in Writ Petition No.138 of 2003 (Shri Gajpal Udgave Trust and ors. .v/s. State of Maharashtra and ors.). (4) In Writ Petition No. 138 of 2003, the Division Bench of this Court has observed as follows:
"6.
In other words, the expression "permanent no grant basis" used in the permission dated 2nd June 1999 does not mean denial of no grant permanently but subject to consideration of grand-in-aid in accordance with the law and the policy that may be formulated by
the State Government on improvement of the State's financial condition and other relevant circumstances." (5) Shri Acharya, learned Advocate for the State Government submits that so far as preposition of law is concerned, there is no dispute. He graciously concedes that the words "permanent no grant basis" are capable of being understood as no grant basis depending upon the policy of the State.
(6) In view of above, we find that the issue involved in this petition has been covered by the view taken by the Division Bench of this Court in Writ Petition No. 138 of 2003 decided on 08.04.2005 and accordingly, we declare that the words used in order dated 02.07.2007 "on permanent no grant basis" would only mean that there is no denial of no grant permanently and there is a possibility of making available grants in future in accordance with the law and the policy that may be formulated by the State Government on improvement of the State's financial condition and other relevant circumstances.
(7) The petition is disposed of, in the above terms. Rule accordingly. No costs.
(G. A. SANAP, J.) (SUNIL B. SHUKRE, J.) Namrata Signed By:NAMRATA YOGESH DHARKAR P. A.
High Court Nagpur