Bombay High CourtWP/3399/2024disposed off

M.R. Bahu-Uddeshiya Vikas Sanstha, Gonida, Thr. Preisident, Anil Rajendra Gondane v. State Of Maha., Thr. Secretary, Higher And Technical Education Dept., Mumbai And ANR.

2025-05-08Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 43-3399-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3399 OF 2024 M.R.Bahu-Uddeshiya Vikas Sanstha, Gondia Vs. The State of Maharashtra, through its Secretary, Higher and Technical Education and another Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. B.G. Kulkarni, Advocate for Petitioner Mr. Alap Palshikar, AGP for Respondent No.1 CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 8th MAY, 2025 1.

The petitioner, who has applied for opening of the college for B.Sc.- CLS, finds its request turned down by the impugned communication dated 21.6.2024, on the ground, that though the petitioner complied with the requirement, a letter of intent in that regard has already been given. The GR dated 15.2.2024, issued by the State indicating Institutions, who have been granted letter of intent to open different courses, at Sr. No. 31 (page 45) indicates, that Janutthan Bahu-uudeshiya Sanstha, Deori, which runs Gangabai Badole College at Sawari has been granted letter of intent to open a course in Humanities - Bachelor of Arts; Commerce and Management - B.Com. The learned AGP, upon an examination of the entire list of Institutions, which have been granted letter of intent does not dispute the proposition, that no Institution has been granted

2 43-3399-24.odt permission to open a course in Science and Technology - Bachelor of Science (Clinical Laboratory Science), B.Sc. - CLS in Gondia. This being the position, since it is not disputed that the perspective plan which has been filed on record along with the pursis dated 07.5.2025, permits opening of a course of B.Sc. CLS at Gondia, the rejection of the application of the petitioner by the impugned communication dated 21.06.2024, (page 75) would not be justified. We, therefore, quash and set side the impugned communication dated 21.6.2025 and remit the matter to the respondent No.1 to consider the application of the petitioner in the light of the perspective plan and the GR dated 15.02.2024.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 08/05/2025 18:30:59