S.S.P. Shikshan Sanstha A Trust v. State Of Maharashtra Thro. Its Higher And Technical Education Dept.
Kavita S.J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3065 OF 2026 S.S.P. Shikshan Sanstha & Anr.,
...Petitioners
Versus
State of Maharashtra & Anr.,
...Respondents
WITH WRIT PETITION NO.3349 OF 2026 S.S.P. Shikshan Sanstha & Anr.,
...Petitioners
Versus
State of Maharashtra & Anr.,
...Respondents
---------- Ms. Pooja Thorat for the Petitioners.
Mr. A.I. Patel, Addl. G.P. a/w Ms. Priyanka Chavan, AGP for Respondent - State.
Ms. Gayatri Kale i/b Mr. Rajendra Anbhule for Respondent No.3 - University.
Mr. Shekhar Jagtap for Respondent No.4 - BCI. Ms. Jayashree Pawar, Desk Officer, Higher & Technical Education Dept., Mantralaya, Mumbai.
---------- CORAM : R.I. CHAGLA AND ADVAIT M. SETHNA, JJ.
DATED : 23rd MARCH, 2026.
COMMON ORDER :
KAVITA SUSHIL JADHAV 1.
The Writ Petitions had been stood over today in view of by KAVITA SUSHIL JADHAV Date: 2026.03.23 18:24:57 +0530 the Respondent No.3 - University to take instructions and apprise this 1/4
Court as to whether the affiliation is being granted to the Petitioner - Institute by Respondent No.3 - University. Further, the Respondent - State was to inform this Court the status of the application of the Petitioner for extension of permission for commencing operation in Academic Year 2026-2027.
2.
The process for the Petitioner to open a new course has been mentioned in Paragraph 4(B) at Page 7 of the Petition. It is stated that as per procedure, the desirous institutions such as Petitioner shall make an application to the University for opening a new course. After receipt of the applications, the same are considered by the management council and it recommends to the State Government for permission. If permission is granted by the Government, it issues Government Resolution. The college is thereafter again required to approach University for first affiliation as contemplated under Section 110 of the University Act. After receiving such first affiliation, the college is required to approach the Respondent - BCI for getting first approval of affiliation for stating new 3 years' L.L.B. course.
3.
The anxiety expressed by learned Counsel appearing for 2/4
the Petitioner is that the deadline for the Bar Council of India approving the start of the new three year L.L.B. Course of 2026-2027 is 31st March, 2026. She states that application is already being made to the Respondent No.3 - University by paying requisite fees for affiliation from Respondent No.3 - University. However, the Respondent No.3 - University has not yet conducted the inspection of the Petitioner - Institute for consideration of grant of affiliation. 4.
In view thereof, the Respondent No.3 - University is directed to carry out inspection of the Petitioner - Institute for the purpose of grant of affiliation by 25th March, 2026. 5.
The Respondent No.3 - University shall also file their Affidavit-in-Reply to the Petition by 26th March, 2026. 6.
The learned AGP appearing for the Respondent - State on instructions states that decision is being taken on extension of the GR dated 15th July, 2024 which grants permission to the Petitioner - Institute for the L.L.B. for starting 3 years' L.L.B. Course for Academic Year 2024-2025 and 2025-2026. The decision is being taken on 25th March, 2026. The statement is accepted.
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7.
In view of the above statement, the Writ Petition is stood over to 26th March, 2026 for the Respondent - State as well as Respondent No.3 - University to apprise this Court as to whether the GR has been extended and the affiliation of the Petitioner - Institute is being granted.
8.
The learned Counsel appearing for the Petitioner has sought amendment of the Petition and has tendered a Draft Amendment in view of the prayer now being sought for granting affiliation and essentiality certificate in favour of the Petitioner - Institute for Academic Year 2026-2027.
9.
The amendment is granted.
10.
The Petitioner shall carry out amendment in the Writ Petition forthwith. Re-verification is dispensed with. 11.
Stand over to 26th March, 2026 on the Supplementary Board.
[ADVAIT M. SETHNA, J.] [R.I. CHAGLA, J.] 4/4