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Bombay High CourtWP/6130/2015dismissedrule discharged

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

2016-01-05Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.S. Chandurkar2 pages

14-WP-6130-15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.6130 OF 2015 Mahatma Gandhi Education Society, Wadegaon, Dist. Akola, Thr. Its President Gulam Zainul Abedin Gulam Mustafa -vsState of Maharashtra, Thr. Its Secretary, Ministry of Higher and Technical Education Dept. 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.

Shri P. C. Madkholkar, counsel for the petitioner. Smt. Bharti Dangre, Government Pleader for respondent Nos.1 and 2.

CORAM : SMT. VASANTI A. NAIK & A.S.CHANDURKAR, JJ.

DATE : 05.01.2016 By this petition, the petitioner Society seeks a direction to the respondent No.3 Amravati University to consider the proposal of the petitioner and forward the same to the State Government after permitting the petitioner to remove the deficiencies.

Smt. Dangre, the learned Government Pleader states that the petition suffers from laches in as much as, the proposal of the petitioner was not forwarded by the Amravati University to the State Government in the year 2010 and as the petitioner had failed to remove several deficiencies. It is stated that if the petitioner is desirous of starting a new college, the petitioner may file an application, in accordance with law.

We find much substance in the preliminary objection raised on behalf of the respondent Nos.1 and 2 that the deficiencies in the proposal of the petitioner are of the year

14-WP-6130-15 2/2 2010. The petitioner ought to have either removed those deficiencies or approached this Court within a reasonable time. The writ petition has been filed on 15/09/2015 in respect of a proposal submitted in the month of October 2010. No direction can be issued either to the University or to the State Government to consider the said proposal of the petitioner.

The petition is dismissed with no order as to costs. JUDGE JUDGE Asmita