Sudarshan Educational Foundations Sarsam College Of Pharmacy v. Dr Babasaheb Ambedkar Technological University And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by GAYATRI RAJENDRA SHIMPI Date: 2025.11.06 19:19:16 +0530 CIVIL APPELLATE JURISDICTION GAYATRI RAJENDRA SHIMPI WRIT PETITION NO. 14965 OF 2025 Sudarshan Educational Foundations SarSam College of Pharmacy ... Petitioner

Versus

Dr. Babasaheb Ambedkar Technological University And Ors.

... Respondents **** Mr. Sugandh Deshmukh a/w Ms. Karishma Shinde, Mr. Vaibhav Thorave, Mr. Aniket Kanawade & Irvin D'souza, Advocates for the Petitioner.

Mr. P. P. Kakade Addl. G. P. a/w G. R. Raghuwanshi, AGP for Respondent No. 4 - State.

Mr. Tejash Dande a/w Mr. Bharat Gadhavi, Advocate for Respondent Nos. 1, 2 & 3.

**** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE : 6th NOVEMBER, 2025 P.C. :

1.

We have perused the last report dated 26th September, 2025 tendered by the Local Inspection Committee for Professional Courses, Dr. Babasaheb Ambedkar Technological University, Lonere, District Raigad and the conclusion drawn by the Committee. The University has tendered an affidavit-in-reply through Dr. Amit P. Shesh, the Registrar of the University, dated 4th November, 2025.

2.

Prima facie, we find that the report adverts to a long list of teaching faculty and non-teaching employees. However, the conclusions drawn by the Committee indicate that the faculty appointments have not been made in accordance with the cadre structure prescribed by PCI and DBATU, Lonere. It is also mentioned that qualified non-teaching staff has not been appointed as per PCI and DBATU. The students were absent from the college during the visit. Internet connectivity was not available. There is a shortage of national and international journals in the library. The fume hood installed for ensuring the exhaust of toxic fumes is found to be non-functional and is only installed for demonstrative purposes. Chemicals are found to have no labels indicating manufacturing and expiry dates etc. However, in the body of the LIC Report, there is no discussion about the faculty having not been appointed or non-teaching faculty lacking in requisite qualifications, that the students were absent, etc.

3.

The learned Advocate for the Petitioner has strenuously urged us to direct the Respondent-University to re-constitute the LIC and also permit the Director of Technical Education to depute an officer, not below the rank of Deputy Director, to accompany such LIC during the inspection to ensure impartiality and transparency. This request is

strenuously opposed.

4.

Prima facie, it would be difficult for us to sustain the report or rely upon the same in view of the discussion in the foregoing paragraphs. At the same time, we cannot accede to the request of the learned Advocate for the Petitioner that, today being the last date, the admissions at the institutional level be permitted, as it is the last date, for the fear that if eventually it turns out that the Petitioner Institution has gross lacunaes/deficiencies which would compromise the teaching standards and future of the students, it would be risky to permit the Petitioner to admit students. Last academic year, the Petitioner was not allowed to admit students. No doubt, loss would be caused to the Institution and we record that if eventually we conclude that the Petitioner had the right to be granted the continued recognition for the academic year 2025-2026, we would permit the Petitioner to initiate appropriate steps against the Respondent-University for seeking damages.

5.

In the light of the above, we direct the Petitioner to add the Director of Technical Education, State of Maharashtra, Pune as Respondent No.4. Addition be carried out forthwith. The learned Additional Government Pleader Shri Kakade waives service of notice on

behalf of the added Respondent.

6.

In view of the above, we are issuing the following directions :- (a) The Respondent-University shall re-constitute the Local Inspection Committee within 48 hours and shall not have any of the members of the earlier LIC. (b) The added Respondent 4, Director of Technical Education, would depute an officer of sufficient seniority, not below the rank of Deputy Director, to be an observer in such LIC.

(c) We direct the Chairman of the LIC, to coordinate between the LIC and the office of the Director of Technical Education, so as to enable the Officer deputed by Respondent No. 4 to accompany such LIC for inspection on Monday, 10th November, 2025 at 12.00 noon.

(d) Such deputed officer of Respondent No.4 would carry out a physical verification of all the teaching and

non-teaching faculty members by checking their I-cards, their salary registers, their PF contributions etc., which would be necessary to verify the actual engagement of the faculty. The examples set out in this directive is illustrative in nature and not exhaustive.

(e) The LIC would prepare its Inspection Report with participation of the deputed officer by Respondent No.4, who shall be treated as an observer in the LIC Inspection and to the extent of the directions that we have issued to him, in the nature of supervision and he shall sign the report as a witness. A copy of the report should also be tendered to the Principal/ Dean of the Petitioner on 13th November itself, during office hours.

(f) This order is being passed in peculiar and unforeseen circumstances in this case and shall not be treated as a precedent.

7.

The report shall be tendered to the University by the LIC along with the signature of the representative of Respondent No.4 as a witness, on 13th November, 2025. The said report shall be placed before

the Court on 14th November, 2025.

8.

This Petition be listed on 14th November, 2025 at 1.00 p.m. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)