Bombay High Court
Umang Kala Niketan, Through Its ... vs State Of Maharashtra, Through Its ... on 16 July, 2021
Bench: S.B. Shukre, Anil S. Kilor
1 W.P.No.1561.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 1561 OF 2020
Umang Kala Niketan, Nagpur through its Secretary Sau. Vaishali Bharat Fuley,
..VS..
State of Maharashtra, through its Secretary, Higher and Technical Education
Department, Mantralaya, Mumbai and Anr.,
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri B. G. Kulkarni, Advocate for petitioner.
Shri A. S. Fulzele, Addl.G.P. for respondent No.1.
CORAM : SUNIL B. SHUKRE AND
ANIL S. KILOR, JJ.
DATED : 16.07.2021
Hearing is conducted through Video Conferencing
and all the learned Advocates agreed that the audio and
video quality was proper.
2. Heard Shri Kulkarni, learned counsel for the
petitioner and Shri Fulzele, learned Addl. G.P. for
respondent No.1.
3. The petitioner is an Educational Society which
runs 'Umang Geetai college of Women's Education'
Koradi Road, Panjara Nagpur, from where, it conducts
under graduate courses in Home Science faculty. The
petitioner sort out starting three new courses, namely (i)
M.Sc. - Textile Science and Apparel Design, (ii) M.Sc.-
Clinical Nutrition and Dietetics and (iii) B.Com.
Therefore, after completion of all the formalities, the
petitioner submitted the proposal to respondent No.2/
University on 29.09.2018. The University, on its part,
carried out the inspection and being satisfied with the
ability of the petitioner to run the proposed courses,
made a recommendation to the State Government for
grant of approval. The approval, however, did not come
forth as certain deficiencies were noticed by the State
Government. It is the contention of the Society that all
those deficiencies have been removed but, it is the
further contention of the petitioner, and more
importantly that in view of the law laid down by the
Division Bench of this Court in Writ Petition No.10424 of
2010, Social Society Morba Vs. The Principal Secretary,
Higher & Technical Education Department, Government
of Maharashtra, Mumbai, decided on 04.05.2011, it is
not necessary for a minority institution like the petitioner
which is permanently on no grant basis, to seek any
approval of the State Government for starting and
running of the proposed courses. It is also the contention
of the petitioner that the petitioner being a recognized
minority institution receiving no grants whatsoever from
the State of Maharashtra on permanent basis, is even
more eligible for grant of affiliation by respondent No.2/
University without seeking any approval from the State
of Maharashtra. It is further contended that the law laid
down in the case of Social Society Morba (supra) had
been affirmed by the Supreme Court with some
modification to the extent that such approval would not
be necessary for minority institutions. Such affirmation
has been received from the Apex Court in the case of
Principal Secretary, Higher and Technical Education
Department and Anr., Vs. Social Society Morba and Anr.,
Special Leave to Appeal (Civil) No.15963 of 2011 ,
decided on 02.05.2013.
4. We have gone through the judgment of Division
Bench of this Court in the case of Social Society Morba
(supra) and also the order of the Apex Court dated
02.05.2013 and we find that Shri Kulkarni, learned
counsel for the petitioner is right in his submission that
now it is the law that in case of minority institution,
which is permanently on no grant basis, no approval
from the State Government for starting of the courses
which are proposed by the petitioner here is necessary
and the proposal of the petitioner in this regard could be
vetted and decided on its own merits by the respondent
No.2 University.
5. At this stage, Shri Kulkarni, learned counsel for the
petitioner submits on instructions that the petitioner
society is seeking liberty from this Court to approach for
grant of affiliation the respondent No.2/University afresh
in the matter, in view of the law declared in the case of
Social Society Morba (supra) as modified by the Apex
Court in Special Leave to Appeal (Civil) No.15963 of
2011, decided on 02.05.2013.
6. In view of above, we find that now this petition
can be disposed of by granting liberty in terms stated
before us on behalf of the petitioner by Shri Kulkarni,
learned counsel for the petitioner and the petition is
disposed of. No costs.
JUDGE JUDGE
Kirtak
