Bombay High CourtWP/6578/2015dismissedrule discharged

Mahatma Gandhi Education Society, Wadegaon Through Its President, Gulam Zainul, Abedin Gulam Mustaf v. State Of Maha. Through Secretary, Ministry Of Higher And Technical Education Deptt.,Mumbai And 2 Ot

2016-01-06Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.S. Chandurkar2 pages

0601wp6578.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6578/2015 Mahatma Gandhi Education Society, Wadegaon, Balapur Distt. Akola through its President ...Versus...

State of Maharashtra, through its Secretary, Ministry of Higher and Technical Education Department, Mantralaya, Mumbai - 32 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 R.D. Karode, Advocate for petitioner Shri N.H. Joshi, AGP for respondent nos.1 and 2 CORAM : SMT. VASANTI A. NAIK AND A. S. CHANDURKAR, JJ.

DATE : 06.01.2016 By this petition, the petitioner challenges the order of the Vice Chancellor of the respondent - Amravati University dated 6.6.2011, rejecting the proposal of the petitioner for opening a new Science College.

Shri Joshi, the learned Assistant Government Pleader raises a preliminary objection to the tenability of the writ petition. It is stated that the petitioner's proposal was rejected by the University on 6.6.2011 and the writ petition has been filed on 16.9.2015. It is stated that the petition suffers from laches and is liable to be dismissed as such.

We uphold the preliminary objection raised by the learned Assistant Government Pleader. By the proposal dated 29.10.2010, the petitioner had sought permission to open a new

0601wp6578.15.odt Science College from the academic session 2011-12. If the proposal of the petitioner was rejected by the University in the year 2011, the petitioner ought to have filed the writ petition within a reasonable time.

In the circumstances of the case, we dismiss the writ petition with costs.

JUDGE JUDGE Wadkar