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Bombay High CourtCAW/1132/2025ca disposed off

Mohit S/O Pramod Gawande And Others v. State Of Maha., Thr. Secretary, Higher And Technical Education Dept., Mumbai And ORS.

2025-05-23Hon'Ble Shri Justice Rohit Wasudeo Joshi3 pages

1 / 3 24.wp1132.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO. 1132 OF 2025 IN WRIT PETITION NO. 3541 OF 2023 Mohit S/o Pramod Gawande and Ors.

Vs.

State of Maharashtra, Thru. Its Secretary, Higher and Technical Education Department, Mantralaya, Mumbai and Ors.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. A.D. Mohgaonkar, Advocate for applicants. Mr. N.B. Jawade, AGP for respondent Nos.1, 4 & 6/State. Mr. Akshay A. Vishnu, Advocate h/f Mr. Pratik Puri, Advocate for respondent Nos.2 & 5.

Mr. N.P. Lambat, Advocate for respondent No.3. Mr. P. S. Chauhan, Advocate for respondent Nos.7 & 8. CORAM : ROHIT W. JOSHI, J.

DATE : 23.05.2025.

This is an application filed by the applicants seeking directions against respondent Nos.7 and 8 - Management and the Polytechnic College to submit application for extension for approval to the All India Council of Technical Education (AICTE) for the academic year 2025-26. 2.

The learned counsel for the applicants has drawn my attention to order dated 22.07.2024 passed in the present petition whereby at the

2 / 3 24.wp1132.2025 previous academic year 2024-25, this Court had passed similar order directing the respondent Nos.7 and 8 to apply to the AICTE for continuation of approval. The learned counsel has also drawn my attention to the order of extension of approval passed by AICTE on 25.07.2024 which was issued pursuant orders dated 22.07.2024 passed by this Court.

3.

The learned counsel for respondent Nos.7 and 8 opposes the application stating that the Management has already moved a proposal seeking permission for closure of the College. He further states that the earlier order dated 22.07.2024 was passed since the Management had not moved any application seeking permission for closure.

4.

The learned counsel for the applicants states that the Maharashtra State Technical Education Board (MSTEB) has refused to issue 'No Objection Certificate' pursuant to the proposal for closure. Learned counsel further drawn my attention to a document downloaded from the official website of AICTE which records that the respondent Nos.7 and 8 had applied for closure of the respondent No.8 - Institution in, 'AICTE approval process 2025-26' and the same was not

3 / 3 24.wp1132.2025 recommended by the AICTE. The current status of the case is recorded as 'case closed'.

5.

The learned counsel for respondent Nos.7 and 8 further states that a new committee has been appointed to consider the proposal for closure of the respondent No.8 - Institution.

6.

In view of the earlier order passed by this Court on 22.07.2024 coupled with the fact that the MSTEB has refused to issue 'NOC' and AICTE has not recommended closure, I am inclined to allow the present application.

7.

In view of above, by way of an interim measure, I direct respondent Nos.7 and 8 to deposit the requisite fees and complete the process of extension within a period of seven days from today. If within seven days, fees is deposited, the AICTE shall accept the same and complete the remaining formalities. However, if they are any deficiencies, the same would be cured by the Management immediately to proceed further. It is, however, without prejudice to the right of the respondent Nos.7 and 8 to pursue their proposal for closure of the Institution.

(ROHIT W. JOSHI, J.) Prity