Ahmednagar Zilla Maratha Vidya ... vs The State Of Maharashtra And ...
2017 Latest Caselaw 8678 Bom

                                      1                    W.P.No.6919/16

                                    UNREPORTED

                      IN THE HIGH COURT OF JUDICATURE
                                  AT BOMBAY

                               BENCH AT AURANGABAD.


                           WRIT PETITION NO.6919 OF 2016
                                       WITH
                        CIVIL APPLICATION NO.13420 OF 2017

          1. Ahmednagar Zilla Maratha
          Vidya Prasarak Samaj,
          Laltaki Road, Ahmednagar,
          District Ahmednagar,
          through its Secretary
          Shri Genuji S/o Gaddoji
          Khandeshe, Age 80 years,
          Occ.Agriculture, R/o
          "Charushilp" Agarkar Mala,
          Station Road, Ahmednagar,
          District Ahmednagar.

          2. Sahadeo S/o Kondaji Aher,
          Age 52 years, Occ.Service,
          Principal of Shri Mulikdevi
          College, Nighoj, Tq. Parner,
          R/o Nighoj, Tq.Parner,
          District Ahmednagar.         ... Petitioners.



                           Versus

          1. The State of Maharashtra
          through the Secretary for
          Higher and Technical
          Education Department,
          Mantralaya, Mumbai.

          2. The Director of Higher
          Education Department,
          Maharashtra State, Pune.

          3. The Divisional Joint
          Director, Higher Education,
          Pune.




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                                               2                        W.P.No.6919/16

          4. Savitribai Phule Pune
          University Ganesh Khind,
          Pune-7, through
          its Registrar.                                  ... Respondents

                                                   ...

          Mr.V.D.Hon, Senior advocate holding for
          Mr.A.V.Hon, advocate for petitionrs.
          Mr.S.G.Karlekar, A.G.P. for the State.
          Mr.V.P.Golewar, advocate holding for
          Mr.A.R.Joshi, advocate for Respondent No.4.
                                   ...

                                      CORAM : S.V.GANGAPURWALA AND
                                              S.M.GAVHANE,JJ.

Date : 14.11.2017.

ORAL JUDGMENT (Per S.V.Gangapurwala,J.)

1. Rule. Rule returnable forthwith. With

the consent of the learned counsel for parties,

the petition is taken up for final hearing.

2. Mr.Hon, learned Senior advocate submits

that the petitioner is an educational institution

registered under the Maharashtra Public Trusts

Act and the Societies Registration Act. The

petitioner applied for starting Arts and Science

College at village Nighoj, Taluka Parner for the

academic year 2012-13 pursuant to the

advertisement issued by the Respondents inviting

applications. The petitioner was granted

permission to start Arts and Science College at

village Nighoj, Taluka Parner under order dated

6.10.2012. The proposal of the petitioner was

recommended by the University and thereafter the

permission was granted to the petitioner U/s

82(5) of the Maharashtra Universities Act, 1994.

One another institution had challenged the

permission granted to the petitioner. The Court

was not inclined to entertain the said petition,

as such the Writ Petition challenging the

permission granted to the petitioner was

withdrawn. Subsequently under order dated

6.5.2014, permission granted to the petitioner to

run Arts and Science College at village Nighoj

was revoked and cancelled. The petitioner

challenged the said order by filing Writ Petition

bearing W.P.No.4496/2014. This Court under its

order dated 12.6.2014 allowed the Writ Petition

and set aside the order cancelling the permission

given to the petitioner. Subsequently, as per

the liberty granted by this Court in the Writ

Petition, the Respondents again on 13.6.2016

cancelled the permission granted to the

petitioner to run Arts and Science College at

Nighoj dated 6.10.2012. The learned Senior

advocate submits that the petitioner is running

the College at Nighoj, Taluka Parner continuously

since October 2012 and has erected a huge

infrastructure. 642 students are taking

education in the institution run by the

petitioner. The permission granted to the

petitioner to run the College at Nighoj is on

permanent no grant basis. As per the Master Plan,

permission could have been granted for running

Arts and Science College at Nighoj, Taluka Parner

for the academic year 2012-13. The learned

Senior advocate further submits that in the

Master Plan for the year 2018-19 also it is shown

that permission can be granted to one more

College in Taluka Parner.

3. Mr.Karlekar, learned A.G.P. for the

Respondents submits that as per the Master Plan

for the year 2012-13 only one College of Arts and

Science was permissible in Parner Taluka and

under order dated 15.6.2012, permission was

granted to one Alpha Education Society to start

and run Arts and Science College at Dhawalpuri,

Taluka Parner, Dist.Ahmednagar. The permission

could not have been granted to the petitioner

institution on 6.10.2012. In view of the above,

the order is rightly passed by the Respondent-

State. No interference is called for.

4. We have considered the submissions.

          5.               The      fact     that      the        petitioner            was

          granted         permission        to    open      and     run      Arts       and

Science College at village Nighoj, Taluka Parner

under order dated 6.10.2012 is undisputed and is

a matter of record. Pursuant to the said

permission, the petitioner erected the

infrastructure and the functioning of the College

commenced. For the first time, on 6.5.2014 the

State ventured to cancel the said permission i.e.

almost after two academic years. The said

cancellation order was set aside by this Court in

Writ Petition No.4496/2014 filed by the

petitioner under order dated 12.6.2014. This

Court further gave liberty to the Government to

proceed in the matter as per law. Subsequently,

after lapse of two years of the order of this

Court, setting aside the order of cancelling

permission granted to the petitioner, the

Government on 13.6.2016 again cancelled the

permission granted to the petitioner on the

ground that at the relevant time only one

institution could have been granted permission to

open and run Arts and Science College in Parner

Taluka. The reason given in the said order may

appear to be in consonance with the fact that one

institution was already granted permission on

15.6.2012 to run Arts and Science College in

Parner Taluka and as such the State certainly

could not have again granted permission to run

second College in Arts and Science faculty in

Parner Taluka for the said academic year. The

fact remains that no action was taken by the

Government immediately. The permission granted

to the petitioner on 6.12.2010 was cancelled

after completion of two academic years. The same

order was set aside by this Court in June 2014.

Further after lapse of two more academic years

the impugned order is passed. From the date of

permission granted to the petitioner, the

petitioner has run the said College for four

academic years and as stated by the petitioner,

at present 642 students are taking education and

the entire infrastructure is erected. The State

also is not going to be burdened, in view of the

fact that the permission granted to the

petitioner to run Arts and Science College is on

permanent no grant basis.

          6.               We      are        inclined        to       exercise           our

          jurisdiction                under        Article          226         of        the

Constitution of India, on the ground of equity

and more particularly, in view of the fact that

for academic year 2018-19 in the Master Plan one

more College is permissible for Arts, Commerce

and Science faculties in Parner Taluka. The

petitioner's College can be accommodated as per

the Master Plan for ensuing academic year also.

Till date the College of the petitioner is

functioning and it has completed almost five

academic years. It will be in nobody's interest

now to revoke the said permission, more

particularly, when a College for Arts and Science

faculty is also permissible for the ensuing

academic year 2018-19 in Parner Taluka.

7. The eligibility of the petitioner and

the petitioner complying with all the

requirements can not be doubted nor it is open

for debate, in view of the fact that petitioner's

proposal was recommended by the University. It

was also considered by the Government and

thereafter permission was granted to the

petitioner and as now one College is permissible

for academic year 2018-19 in Parner Taluka, the

petitioner's College can be accommodated as per

the said Master Plan.

8. In light of the above, the impugned

order cancelling the permission granted to the

petitioner to open and run Arts and Science

College at village Nighoj, Taluka Parner is

quashed and set aside. The students who were and

are admitted and those who have also passed out

shall be considered as regular students.

9. Rule accordingly made absolute in above

terms. No costs.

10. In view of disposal of Writ Petition,

the Civil Application also stands disposed of.

                           Sd/-                 Sd/-

               (S.M.GAVHANE,J.)       (S.V.GANGAPURWALA,J.)



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