My Dreams Tantra Shikshan Va Bahuddeshiya Vikas Sanstha, Thr. President, Rupesh R. Nihate v. State Of Maharashtra, Thr. Secretary, Dept. Of Higher And Technical Education, Mumbai And ORS

2024:BHC-NAG:12624-DB 1 8wp4220.2023..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 4220 OF 2023 (My Dreams Tantra Shikshan Va Bahuddeshiya Vikas Sanstha, Maldongari Vs. The State of Maharashtra 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. S.S. Dhengale, Advocate for petitioner.

Mr. B.G. Kulkarni, counsel for respondent No.3. Mr. A.R. Ingole, counsel for respondent Nos. 4 and 5. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATED : 19 -11-2024 Heard Mr. Dhengale, the learned Counsel for the petitioner, Mr. Kulkarni, the learned Counsel for respondent No. 3 and Mr. Ingole, the learned Counsel for respondent Nos. 4 and 5.

2.

The petition questions the permission granted to the respondent Nos. 4 and 5 for granting senior college in the course of B.A. Vedvidya and Diploma in Library and Information Science by the communication dated 15.6.2023 (page 19).

3.

The petitioner is already running a institution by name Dnyandeep Prashaskiya Mahavidyalaya which is imparting education in B.A. in the stream of Composite Education Science in the same area.

Mr. Dhengale, learned Counsel for the petitioner by relying upon the recommendations of the Narendra Jadhav Committee contends that the minimum distance between the two institutions situated in an rural area has to be 20 kms which has not been complied with on account of which, the

2 8wp4220.2023..odt permission granted to the respondent Nos. 4 and 5 is liable to be quashed and set aside.

4.

A perusal of the recommendations of the Narendra Jadhav Committee would indicate that the distance indicated therein, is applicable to two institutions imparting education in the same stream. It is an admitted position on record that the education imparted by the petitioner and by the respondents Nos. 4 and 5 are not in the same stream on account of which the distance criteria would clearly not be attracted, which is also indicated from clause No 4 of the recommendations. In view of this, we are not inclined to interfere with the impugned communications granting permission to the respondents Nos. 4 and 5.

On the above ground, writ petition stand dismissed. No costs.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Belkhede