Disposed

Social Society Morba v. Principal Secretary, Higher and Technical Education Department, Government of Maharashtra and Ors.

Bombay HC7 Sept 2010WP/6856/2010

Case brief

AI extract

What is this about?

The Bombay High Court held that the State Government must take a final decision on the petitioner's proposal to establish a Women's Degree College at Morba, recommending a two-month deadline from the date of the order.

What did the court decide?

Direction to the respondents to take a final decision on the proposal within two months from today.

Social Society Morba Vs Principal Secretary, Higher… — Education and Admissions | Bombay HC (2010)

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W.P. 6856/2010

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6856 OF 2010

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Social Society, Morba .......Petitioner V/S. Principal Secretary, Higher & Technical Education Department, Government of Maharashtra, Mantralaya,) Mumbai and anr. .........Respondents

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Mr. C.G. Gavnekar, Advocate for the petitioner.

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Ms. M.P. Thakur, AGP for the State-respondents.

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Coram: DR. D.Y. CHANDRACHUD, & SMT. R.P. SONDURBALDOTA, , JJ.

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September 7, 2010.

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P.C. :

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In pursuance of an advertisement issued by the University of

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Mumbai on 18^th August, 2007 inviting applications for starting colleges in the State of Maharashtra, the petitioner filed an application on 8^th October, 2007 for permission to start a Women’s

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Degree College of Science at Morba. The University recommended

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the proposal on 3^rd January, 2008. No decision was taken thereon

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by the State Government. A fresh advertisement was issued by the

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*** 2 * W.P. 6856/2010**

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University on 18^th July, 2008 in pursuance of which the petitioner

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made an application which was recommended. Once again, the fresh application was not considered. The application for the year 2010-11 has been recommended by the University on 15^th January, 2010. The State Government has not furnished any plausible reason

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for not considering the application and taking any final decision thereon. The petitioner claims to be a Minority Educational Institution, protected by Article 30 of the Constitution. The petitioner had moved the National Commission for Minority Educational Institutions. By an order dated 15^th July, 2010 the Commission recommended that the State Government accord permission to the petitioner under Section 82(5) of the Maharashtra Universities Act, 1994 to establish a Women’s Degree College in accordance with the recommendations of the University for the academic year 2010-11.

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We dispose off this petition, by directing the first and second respondents to take a final decision on the proposal submitted by the petitioner and recommended by the University of Mumbai for the establishment of a Women’s Degree College at Morba, within a

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W.P. 6856/2010

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period of 2 months from today. The petition is accordingly

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disposed off. There shall be no order as to costs.

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[Dr. D.Y. Chandrachud J]

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[Smt. R.P. SondurBaldota, J]

Social Society Morba v. Principal Secretary, Higher and Technical Education Department, Government of Maharashtra and Ors.

Case brief

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Social Society Morba v. Principal Secretary, Higher and Technical Education Department, Government of Maharashtra and Ors.

Case brief

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