Kranti Jyoti Mahila Bahuddeshiya Gramin Prshikshan Kendra, Thr. President Kanchan W/O. P. Kambale v. State Of Maha. Thr Secretary, Ministry Of Higher Education And Tech. Education, Mumbai And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1607/2016 Kranti Jyoti Mahila Bahuddeshiya Gramin Prashikshan Kendra, Chorkhopadi, Tq. Darwha, Distsrict Yavatmal through its President ...Versus...

State of Maharashtra, through its Secretary, Ministry of Higher Education and Technical Education, Mantralaya, Mumbai - 400032 and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. S.N. Deshpande, Advocate for petitioner Ms N.P. Mehta, AGP for respondent no.1 Mrs. T.D. Khade, Advocate for respondent no.2 CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 12.07.2016 By this writ petition, the petitioner seeks a direction against the respondents to grant permission to the petitioner to open a Women's College in Ner from the academic session 2016-17.

It is brought to the notice of this Court by the learned Counsel for the University that the petitioner has not filed the application for permission to open a new college from the academic session 2016-17, in 2015, as prescribed by the provisions of Section 82 of the Maharashtra Universities Act. It is stated that no such application is received from the petitioner before the cut off date in the year 2015 and there is no reason for the University to recommend the claim of the petitioner without an application.

1207wp1607.16.odt From the statements made by the learned Counsel for the University, it is clear that the petitioner has not applied for permission to open the college from the academic year 2016-17, in accordance with the provisions of Section 82 of the Act. It is also not the case of the petitioner that the petitioner has applied in the year 2015 for permission to start the college from the academic session 2016-17. In the absence of any such proposal, the relief sought by the petitioner cannot be granted. In view of the aforesaid, we dismiss the writ petition with no order as to costs. The petitioner, is however, free to apply in accordance with provisions of the Act, if it so desires. Order accordingly. No costs.

JUDGE JUDGE Wadkar