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Bombay High CourtWP/3709/2014admittedallwdgrantedrule absolute

Late M.D. Yergude Memorial Shikshan Prasarak Mandal Chandrapur Thr.Pre.Prof.V.M.Yergude And Another v. State Of Maharashtra Thr. Secretary, Department Of Higher And Technical Education, Mumbai And Other

2015-07-10Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice P.B. Varale2 pages

WP3709-14 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3709/2014 (LATE M.D.YERGUDE MEMORIAL SHIKSHAN PRASARAK MANDAL & ANOTHER VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.G. Kulkarni, counsel for the petitioners. Ms T.H. Udeshi, A.G.P. for the R-1 & 2.

Shri P.R. Puri, counsel for the R-3.

Ms U.R. Tanna, counsel for the R-4.

CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ.

DATE : JULY 10 , 2015.

By this petition, the petitioners seek a direction to the State of Maharashtra to issue an appropriate Government Resolution-Notification granting approval-permission for starting additional courses of Diploma in Engineering (Electrical Engineering) (Second Shift) and Diploma in Engineering (Mechanical Engineering) (Second Shift) from the Academic Session 2014-15.

It is stated on behalf of the petitioners that though the AICTE has granted permission to the petitioner-Society to start additional courses, i.e. Diploma in Engineering (Electrical Engineering) (Second Shift) with intake capacity of 60 and Diploma in Engineering (Mechanical Engineering) (Second Shift) with intake capacity of 60, the State Government has not issued the necessary Government Resolution-Notification for starting the said courses. It is stated that in view of the interim order passed by this Court on 21.07.2014, the petitioner no.2-College has conducted the courses during the academic year 2014-15. The learned counsel for the petitioners states that the AICTE has granted permission to the

WP3709-14 petitioner no.2 to conduct courses in the year 2015-2016 by the order dated 04.04.2015. It is stated that the issue involved in this case stands answered in favour of the petitioner by the judgment rendered by the Division Bench of the Principal Seat in Writ Petition No.5816 of 2014, dated 09.07.2014.

Shri Sonak, the learned Assistant Government Pleader, states on a reading of the judgment dated 09.07.2014 that the issue involved in this case is answered in favour of the petitioners herein by the said judgment.

Hence, in view of the statements recorded hereinabove and for the reasons recorded in the judgment dated 09.07.2014 in Writ Petition No.5816 of 2014, we allow the writ petition and direct the State Government to issue an appropriate Government Resolution-Notification, as prayed.

Order accordingly. No costs.

JUDGE JUDGE APTE