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Bombay High CourtWP/3581/2015dispossed offdismiss for default

Aniket College Of Social Work, Wadsa (Desaiganj) Through Secty., Aniket Shikshan Sanstha And Anothe v. The State Of Maharashtra Represented Through Its Chief Secretary, Mumbai And Others

2016-02-05Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.S. Chandurkar2 pages

0502wp3581.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3581/2015 Aniket College of Social Work, Wadsa (Desaiganj), District Gadchiroli, represented through the Secretary, Aniket Shikshan Sanstha and another ...Versus...

The State of Maharashtra, Represented through its Chief Secretary, Mantralaya, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Sadavarte, Advocate for petitioners Ms Tajwar Khan, AGP for respondent nos.1 to 5 Shri B.G. Kulkarni, Advocate for respondent no.6 CORAM : SMT. VASANTI A. NAIK AND A. S. CHANDURKAR, JJ.

DATE : 05.02.2016 Two prayers are made by the petitioners in the instant petition. By the first prayer, the petitioner - Sanstha seeks a direction to the respondents to consider the proposal submitted by the respondent no.5 to the respondent nos.1 to 4 in respect of the entitlement of the petitioner's college for being brought on 100% grant-in-aid w.e.f. 21.11.2008. By the second prayer, the petitioner - Sanstha seeks a direction to the respondent nos.1 to 5 to bring the petitioner no.1- College on 100% grant-in-aid from 21.11.2008 or from any other date which the respondent nos.1 to 5 would deem fit.

Ms Tajwar Khan, the learned Assistant Government Pleader appearing on behalf of the respondent nos.1 to 5 states that the proposal submitted by the respondent no.5 to the

0502wp3581.15.odt respondent nos.1 to 4 is pending before the respondent no.4 and a decision on the proposal of the petitioner - Sanstha for considering whether the College run by the petitioner - Sanstha would be entitled for 100% grant-in-aid would be decided, within a period of four weeks. It is stated that an appropriate decision would be taken in the matter, within a period of four weeks. Since by the first prayer the petitioner - Sanstha has sought a direction to the respondent nos.

1 to 4 to consider and decide the proposal of the petitioner - Sanstha for providing grant-in-aid to the College run by the petitioner- Sanstha and since the learned Assistant Government Pleader has made a statement that the said proposal would be decided within a period of four weeks, it would not be necessary to decide the second prayer made in the writ petition. If the proposal of the petitioner - Sanstha is answered in favour of the petitioner, there would be no need for the petitioner to take any further action. If the proposal of the petitioner - Sanstha is rejected, the petitioner would be free to challenge the same.

Hence, by accepting the statement made on behalf of the respondent nos.1 to 4 on the basis of the affidavit-in-reply tendered in this Court today that the respondent would decide the proposal of the petitioner within a period of four weeks, we dispose of the writ petition with no order as to costs. JUDGE JUDGE Wadkar