Allowed

Dattajiorao Kadam Technical Education Society'S Institute of Commerce Kabnoor Ketakale Mala v. the State of Maharashtra and Ors.

Bombay HC1 Sept 2010WP/6728/2010

Case brief

AI extract

What is this about?

Constituent bench disposed of multiple writ petitions challenging University orders banning admissions due to delay in appointing principals. Relying on a six-month interim order from the Supreme Court allowing admissions, the High Court permitted colleges to admit students subject to appointing eligible principals within the stipulated timeframe.

What did the court decide?

Colleges permitted to admit students for academic year 2010-2011 pending appointment of eligible principals within six months.

Dattajiorao Kadam Technical Education Society'S… — Education and Admissions | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.6728 OF 2010

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Dattajirao Kadam Technical Education Society. ... Petitioners

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Vs.

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The State of Maharashtra & Ors.

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... Respondents

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ALONG WITH WRIT PETITION NO.6729 OF 2010

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Gargi Agriculture Research & Training Institute. ... Petitioners

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Vs.

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The State of Maharashtra & Ors. ... Respondents

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ALONG WITH WRIT PETITION NO.6730 OF 2010

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Dattajirao Kadam Technical Education Society Kreedamaharshi Meghanath Nageshkar College of Physical Education (BP.Ed.) Tardal. ... Petitioners

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Vs.

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The State of Maharashtra & Ors. ... Respondents

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ALONG WITH WRIT PETITION NO.6731 OF 2010

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Abhinav Education Societies College of Computer Science & Management (BCS & BBA). ... Petitioners Vs. The State of Maharashtra & Ors. ... Respondents

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ALONG WITH WRIT PETITION NO.6732 OF 2010

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Arya Mahavidyalaya of Commerce. ... Petitioners Vs. The State of Maharashtra & Ors. ... Respondents

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ALONG WITH WRIT PETITION NO.6733 OF 2010

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Peoples Empowerment Group ISB & M College of Commerce, Dist. Pune. ... Petitioners Vs. The State of Maharashtra & Ors. ... Respondents

ALONG WITH

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WRIT PETITION NO.6734 OF 2010

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Kailash Shikshan Mandal's Arts & Commerce College.

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... Petitioners

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Vs.

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The State of Maharashtra & Ors. ... Respondents

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ALONG WITH WRIT PETITION NO.6735 OF 2010

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The N.E.I's Late Sou. Ratnaprabha Prabhakar Vaishampayan Arts, Commerce & Science Night College, Nashik. ... Petitioners

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Vs.

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The State of Maharashtra & Ors. ... Respondents

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ALONG WITH WRIT PETITION NO.6736 OF 2010

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Agarwal Vidya Prasarak Mandal. ... Petitioners

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Vs.

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The State of Maharashtra & Ors. ... Respondents

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ALONG WITH WRIT PETITION NO.6737 OF 2010

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Shri Shivaji Education Society's Bawada Shrimati Ratnaprabhadevi Patil Mahila College.

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... Petitioners

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Vs.

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The State of Maharashtra & Ors.

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... Respondents

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ALONG WITH WRIT PETITION NO.6965 OF 2010

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Jayawant Shikshan Prasarak Mandal, Charak College of Pharmacy & Research. ... Petitioners

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Vs.

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The State of Maharashtra & Ors. ... Respondents

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ALONG WITH WRIT PETITION NO.6966 OF 2010

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Poona District Education Association's Arts, Commerce & Science College, Pune. ... Petitioners

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Vs.

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The State of Maharashtra & Ors.

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... Respondents

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ALONG WITH WRIT PETITION NO.6967 OF 2010

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Akurdi-Chinchwad Education Society's Dr.D.Y. Patil Institute of Management. ... Petitioners

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Vs.

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The State of Maharashtra & Ors. ... Respondents

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ALONG WITH WRIT PETITION NO.6968 OF 2010

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TSSM's Padmabhushan Vasantdada Patil Institute of Technology. ... Petitioners Vs.

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The State of Maharashtra & Ors. ... Respondents

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ALONG WITH WRIT PETITION NO.6969 OF 2010

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Poona District Education Association's Baburaoji Gholap Multipurpose College, Pune. ... Petitioners Vs.

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The State of Maharashtra & Ors. ... Respondents

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ALONG WITH WRIT PETITION NO.6970 OF 2010

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Jayawant Shikshan Prasarak Mandal, Jayawantrao Sawant College of Pharmacy & Research. ... Petitioners

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Vs.

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The State of Maharashtra & Ors. ... Respondents

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Mr. Sarang S. Aradhye for the petitioners.

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Mr. S.R. Nargolkar, AGP for the State.

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Mr. Girish S. Kulkarni and Mr. Hrishikesh A. i/b Mr. M.G. Kulkarni for respondent 3.

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CORAM: MRS. RANJANA DESAI & R.V. MORE, JJ.

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DATED : 1ST SEPTEMBER, 2010.

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P.C.:-

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We have heard learned counsel for the petitioners,

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learned AGP for the State and learned counsel for respondent 3. They have submitted that the present writ petitions are covered by the judgment of the Division Bench of this Court (D.D. Sinha and Smt. Mridula Bhaqtkar, JJ) dated 18/08/2010 in Writ Petition No.6591 of 2010 and companion writ petitions and, hence, these petitions may

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be disposed of in terms of the said order.

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These writ petitions are directed against the communications dated 8/6/2010, 22/6/2010 and 24/6/2010 issued by respondent 3 – University banning admission of students to the petitioner-colleges in view of the fact that the appointment of the Principal of the petitioner-colleges was not made before 31/5/2010. This communication was issued on the basis of G.R. dated 31/1/2010 passed by the Government of Maharashtra pursuant to the order passed by the Nagpur Bench of this court in Writ Petition No.2216 of 2006. Several special leave petitions were filed challenging the said order in the Supreme Court. Learned counsel for the petitioners have brought to our notice the order dated 28/6/2010 in Special Leave Petition (Civil) C.C. No.9401 of 2010 passed by the Supreme Court which reads thus:

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“Permission to file Special Leave Petition is granted.

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Issue notice on the applications for

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condonation of delay as well as on the Special Leave Petition.

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In the meanwhile, petitioners are permitted to admit the students in their colleges for the academic year 2010-2011 subject to the appointment of principals as per the eligibility prescribed within six months from today. The petitioners are directed to furnish the details of the steps they have taken to fill up the posts.

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Tag with SLP (C) No.13868 of 2009.”

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Learned counsel for the petitioners states that in view of the said interim order passed by the Supreme Court, the impugned communication cannot be sustained and the petitioners may be permitted to admit the students in the petitioner-college for academic sessions 2010-2011. Learned counsel for the petitioners states that the petitioner-college is ready and willing to give an undertaking that the appointment of the Principal of the college as per eligibility prescribed would be made within six months, if not made earlier. Learned counsel appearing for respondent 3 – University has submitted that in view of

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the above order passed by the Supreme Court the petitioners are required to appoint the Principal of the college within a period of six months from the date of the said order as per eligibility and procedure prescribed in this regard.

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Considering the contention canvassed by respective counsel and on perusal of the above referred order passed by the Supreme Court, it is clear that the impugned communication looses its efficacy since the colleges are permitted to appoint the Principals within a period of six months from the date of the said order and the colleges are also permitted to admit the students in their respective colleges for the academic year 2010-2011. In that view of the matter, we permit the petitioners, to admit the students in their college for academic session 2010-2011 subject to the appointment of the Principal as per eligibility prescribed and by following procedure applicable within a period of six months from the date of the order passed by the Supreme Court. The petitioners shall file an undertaking that

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appointment of eligible candidate as Principal will be done as per eligibility prescribed and by following procedure applicable within a period of six months from today.

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With these directions the writ petitions are disposed

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of.

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[MRS. RANJANA DESAI, J.]

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[R.V. MORE, J.]

Dattajiorao Kadam Technical Education Society'S Institute of Commerce Kabnoor Ketakale Mala v. the State of Maharashtra and Ors.

Case brief

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Dattajiorao Kadam Technical Education Society'S Institute of Commerce Kabnoor Ketakale Mala v. the State of Maharashtra and Ors.

Case brief

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What did the court decide?

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