Allowed

Chima Patil Shikshan Sansthas Smt. Indiraji College of Commerce through Trustee v. the State of Maharashtra through Secretary and Anr.

Bombay HC18 Mar 2016WP/11171/2015

Case brief

AI extract

What is this about?

The High Court of Bombay Bench directed the State of Maharashtra to consider the petitioner's application for new Degree Colleges (B.Com. and B.A.M.S.) without considering two specific Government Resolutions, and directed the Respondent-University to grant affiliation if permission is granted.

What did the court decide?

Directed Respondent No.1 to consider application for new colleges without considering Govt. Resolutions dated 29/04/2015 and 20/07/2015.

Chima Patil Shikshan Sansthas Smt. Indiraji College… — Education and Admissions | Bombay HC (2016)

¶1

Dixit

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

WRIT PETITION NO.11171 OF 2015

¶4

Chima Patil Shikshan Sanstha's Smt. Indiraji College of Commerce, Nalasopara, Tal. Vasai, Dist. Palghar. .… Petitioner

¶5

V/s.

¶6

The State of Maharashtra, Through the Secretary, Higher Education, Mantralaya, Mumbai & Anr. …. Respondents

¶7

Mr. C.K. Thomas, i/by M/s. C.K. Thomas & Associates, for the Petitioner.

¶8

Mr. A.B. Vagyani, G.P., a/w. Mr. V.M. Mali, A.G.P., for the Respondent-State.

¶9

Mr. P.M. Palshikar for Respondent No.2.

¶10

CORAM : RANJIT MORE &

¶11

DR. SHALINI PHANSALKAR-JOSHI, J.J.

¶12

DATE : 18TH MARCH 2016.

¶13

P.C. :

¶14

Heard learned counsel for the Petitioner, learned G.P. and learned counsel for Respondent No.2.

¶15

Admittedly, the issue involved in this Petition and Writ Petition No.6002 of 2015, along with connected Petitions, is one and the same. Writ Petition No.6002 of 2015, along with connected Petitions, came to be disposed of by the Division Bench of this Court by order dated 8^th September 2015 and the Respondent-State was directed to consider the

¶16

1/3

¶17

WP-11171-15.doc

¶18

application of the Petitioners therein for starting new Law College (3 and 5 Years Course) at Khanivali, Wada, District Palghar, as provided under Section 82(5) of the Maharashtra Universities Act, 1994, without taking into consideration Government Resolutions dated 29^th April 2015 and 20^th July 2015 issued by Respondent No.1 and the Respondent-University was further directed to take appropriate action under Section 83 of the Maharashtra Universities Act, 1994, and consider granting necessary affiliation to the said new Law College.

¶19

Learned G.P. submits that the order of the Division Bench dated 8^th September 2015 passed in Writ Petition No.6002 of 2015, along with connected Petitions, is challenged by the Respondent-State by filing Special Leave Petition in the Apex Court. Learned G.P., however, does not dispute that, as on today, the High Court order is not stayed by the Apex Court.

¶20

In the above circumstances, for the reasons in support of the order dated 8^th September 2015 passed in Writ Petition No.6002 of 2015 along with connected Petitions, we dispose of this Petition by passing following order :-

¶21

“O R D E R”

¶22

(i) Respondent No.1 is directed to forthwith consider the Petitioner's application for starting new Degree College / Courses of B.Com. and B.A.M.S. at Dhaniv, Nalasopara (East), District Palghar, as provided under Section 82(5) of the Maharashtra Universities Act, 1994, in accordance with law,

¶23

2/3

¶24

WP-11171-15.doc

¶25

without taking into consideration Government Resolutions dated 29^th April 2015 and 20^th July 2015, which are annexed to this Petition at Exhibits “E” and “F”, respectively.

¶26

(ii) In the event, the Petitioner is granted permission to start new Degree College / Courses of B.Com. and B.A.M.S. at Dhaniv, Nalasopara (East), District Palghar, as provided under Section 82(5) of the Maharashtra Universities Act, 1994, by Respondent No.1, Respondent No.2 shall take appropriate action/steps under Section 83 of the Maharashtra Universities Act, 1994, and consider granting necessary affiliation to the Petitioner's new Degree College / Courses of B.Com. and B.A.M.S. at Dhaniv, Nalasopara (East), District Palghar.

¶27

[DR. SHALINI PHANSALKAR-JOSHI, J.]

¶28

[RANJIT MORE, J.]

¶29

3/3

¶30

WP-11171-15.doc

Chima Patil Shikshan Sansthas Smt. Indiraji College of Commerce through Trustee v. the State of Maharashtra through Secretary and Anr.

Case brief

What is this about?

What did the court decide?

Chima Patil Shikshan Sansthas Smt. Indiraji College of Commerce through Trustee v. the State of Maharashtra through Secretary and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anala Anirudha Pandit and Anr. Vs Veermata Jijabai Techno Logical Institute and 3 Ors.

Atmaram Kaluram Satav Vs M/S. Madhuban Builders

M/S. Saraogi Corporation through Pratik Saraogi Vs Mr. Rakesh Govindram Singhal

Shri. Janardan Changu Konde Vs State of Maharashtra through Secretary and Ors.

Shri. Rohan Vartak Vs the Principal, Basic Training Related Instructions Centre, Govt. Technical High School

Ichalkaranji Municipal Council and Anr. Vs K.S.L. Reality and Infrastructure Ltd.