State Of Maharashtra, Through Its ... vs Umang Kala Niketan, Through Its ...
2021 Latest Caselaw 16800 Bom

cao643.21+                                                                                             1
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR


                    CIVIL APPLICATION (O) NO. 643/2021
                                   AND
                MISC. CIVIL APPLICATION (ST) NO. 12771/2021
                                    IN
                   WRIT PETITION (ST) NO. 1561/2020 (D)
                                         State of Maharashtra
                                             ...VERSUS...
                                Umang Kala Niketan Nagpur & anr.
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Office Notes, Office Memoranda of Coram,                        Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                            Shri R.L. Khapre, Sr. Adv. a/b Shri N.R. Patil, AGP for the applicant/State
                            Shri B.G. Kulkarni, Advocate for the non-applicant no. 1

                            CORAM : SUNIL B. SHUKRE & ANIL S. KILOR, JJ.

DECEMBER 03, 2021

Heard.

It is not in dispute that this judgment which has applied law declared in the case of Social Society Morba vs. The Principal Secretary & ors . in Writ Petition No. 10424/2010, actually does not apply to the facts of the present case as Morba was based upon the provisions made in Section 82(5) of the Maharashtra Universities Act, 1994 and that the facts of the present case are governed by the provisions made in Section 109(7) of the Maharashtra Public Universities Act, 2016, which lays down that without prior permission of the State Government, no new

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college or course can be opened or started and this condition of prior permission of the State Government applies to all colleges and institutions whether on grant-in- aid or on permanent no grant basis.

In view of above, these applications deserve to be allowed and they are accordingly allowed. Delay of 52 days in filing the review application stands condoned. Writ Petition be restored to the original file and be listed on board for admission on 14/12/2021.

                                        (JUDGE)                       (JUDGE)




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