Maa Saraswati Bahuuddeshiya Shikshan Prasarak Mandal, Thr. Secretary, Maregaon v. The State Of Maharashtra, Thr. Secretary, Higher And Technical Education Dept., Mumbai

2025:BHC-NAG:90-DB 1 911wp7044.2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 7044 OF 2025 Maa Saraswati Bahuuddeshiya Shikshan Prasarak Mandal, thr its Secretary, at post Maregaon, Ta. Maregaon, Dist. Yavatmal. .....PETITIONER ...V E R S U S...

1. The State of Maharashtra, through its Secretary, Higher and Technical Education Department, Mantralaya, Mumbai 400 032 .....RESPONDENTS ------------------------------------------------------------------------------------------------- Mr. A.I. Shaikh, Advocate for petitioner.

Mr. N.S. Rao, AGP for respondent/State.

------------------------------------------------------------------------------------------------- CORAM:- ANIL S. KILOR, & RAJNISH R. VYAS, JJ.

Dated: 16.12.2025 JUDGMENT (PER : RAJNISH R. VYAS) Heard learned counsels for respective parties. 2.

Challenge is to the order passed by respondent Higher and Technical Education Department of State of Maharashtra rejecting the proposal of petitioner society for initiating various courses which is provided with letter dated 5.1.2025.

2 911wp7044.2025.docx 3.

Shorn of unnecessary details, in order to secure permission from respondent, the petitioner applied for permission to run courses of B.A. in Fashion Design and B.Sc. in Clinical Laboratory Science at its college i.e. Shri Shivaji Mahila Mahavidyalay, Maregaon, District Yavatmal. Accordingly, a proposal dated 28.9.2024 was submitted. Entire proposal was found to be in a proper manner but the respondent took a decision to refuse permission on the ground that amount of Rs. 7,00,000/- which was to be deposited by Fixed Deposit Receipt (FDR), was not credited due to mismatch in Fixed Deport receipt number. It is the case of respondent that the FDR receipt number for fixed deposit of Rs. 7,00,000/- mentioned in Joint Assurance Letter attached with the proposal is 42300249158, while the account number mentioned in Assurance Letter attached with the proposal is 36793377319. Thus, the proposal did not fulfill criteria - Condition No. 8 of the Government Resolution dated 13.9.2017 and therefore, approval was rightly denied to the petitioner society. 4.

Learned counsel for petitioner submits, that in fact, there is no mismatch of FDR number since the undertaking was also given by the bank i.e. State Bank of India along with the proposal. He further submits

3 911wp7044.2025.docx that even for the sake of argument, it is assumed but not admitted that there is mismatch of FDR account number, it being a typographical error, respondent ought to have ask the petitioner to cure the defect. 5.

Be that as it may, it is not even the case of the respondent that there was any other reason for not granting the approval except mismatch of FDR account number. There is already undertaking furnished by the State Bank of India along with the proposal which says that the petitioner society having FD of Rs. 7,00,000/- which has FDR No. 42300249158 from 27.9.2023 to 27.9.2028. Thus, the rejection of approval only on that ground since other conditions are already fulfilled by the petitioner's society, would not be in the interest of justice. In view of above discussion, we direct petitioner society to forward the proposal for courses of B.A. in Fashion Design and B.Sc. in Clinical Laboratory Science at its college i.e. Shri Shivaji Mahila Mahavidyalay, Maregaon, District Yavatmal, for next academic session i.e. for 2026-27 on the basis of Fixed Deposit Receipt already submitted. The petition is allowed in terms of prayer clauses (a) and (c). (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.)