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Bombay High CourtWP/5656/2024dismissed

Mahatma Gandhi Education Soc., Patur, Akola, Thr. President, Haji Zainulabeddin Mustufa (Naikwadi) v. The State Of Maharashtra, Thr. Secretary, Higher And Technical Education, Mumbai And Others

2024-09-26Hon'Ble Smt. Justice Bharati Harish Dangre,Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 wp5656.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 5656 OF 2024 ( Mahatma Gandhi Education Society, Patur ..vs.. The State of Maharashtra, through its Secretary, 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Ram Karode, Counsel for the petitioner, Mr. S.M. Ukey, Addl.G.P. for respondent Nos.1 & 3. CORAM : BHARATI DANGRE & ABHAY J. MANTRI, JJ.

DATED : 26-09-2024 In raising a challenge to the permission granted in favour of respondent No.4-Bodhisatva Bhuuddeshiya Shikshan Sanstha, Washim to run the senior college in the name of Durgai of Arts, Commerce and Science College, Wadegaon in terms of Government Resolution dated 15-2-2024, the submission of Mr. Karode, learned Counsel for the petitioner, is to the effect that opening of the new college results into an unhealthy competition and by relying upon the provisions of the Maharashtra Universities Act and by making reference to the master plan, the permission to run the senior college ought not to have been granted.

2.

When specifically confronted, the streams which are permitted to be run in the college belonging to respondent No.4, are the B.A. (Humanitarian Science), B.Com. (Commerce and Management) and B.Sc. (Science and Technology) and the branches in which the petitioner is

2 wp5656.24 running its college are pure Arts, Commerce and Science. Mr. Karode, learned Counsel concedes that the streams which would be run by respondent No.4 are distinct from the courses run by the college of the petitioner. 3.

In view of above, since it does not result into the competition between the petitioner and respondent No.4, we dismiss the petition.

(ABHAY J. MANTRI, J.) (BHARATI DANGRE, J.) adgokar