State Of Maharashtra, Through Its ... vs Umang Kala Niketan, Through Its ...
2021 Latest Caselaw 14994 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.

                    CIVIL APPLICATION (CAO) No.643 OF 2021
                                      AND
                MISC. CIVIL APPLICATION (ST) NO.12771 OF 2021(R)
                                       IN
                 CIVIL WRIT PETITION NO. 1561 OF 2020 (D)

                                The State of Maharashtra
                                           -Vs-
                            Umang Kala Niketan, Nagpur and anr.

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Office notes, Office Memoranda of
Coram, appearances, Court's orders                           Court's or Judge's Orders.
or directions and Registrar's orders.
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                              Mr.R.L.Khapre, Senior Advocate a/w Mr. A.S.Shukla Adv. a/b
                              Ms.Mayuri Deshmukh AGP for the applicant.

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

DATE : 13.10.2021.

1. Heard learned Senior Advocate Mr. R.L. Khapre for the applicant.

2. His submission is that the view taken by this Court in the judgment dated 16.07.2021 in Writ Petition No.1561 of 2020 is based upon the view taken in Social Society Morba Vs. The Principal Secretary, and ors. in Writ Petition No.10424 of 2010 which has been affirmed by the Hon'ble Apex Court in the case of Special Leave to Appeal (Civil) No.(s)15963 of 2011 decided on 02.05.2013 cannot be applied to the facts of the present case, as the proposal for starting of a new course in this

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2-cao-643-21.odt

case was of the date of 29.09.2018 to which proposal, not section 82 (5) of Maharashtra Universities Act, 1994 would be applicable, but Section 109 of sub Section 7 of the Maharashtra Public Universities Act, 2016 would be. He points out that Section 109(7) mandates that no new Course and no new College shall be started or established except with the prior permission of the State Government, meaning thereby whether an institution is aided or unaided or minority or otherwise, prior permission of the State Government is necessary, which was not the position when the case of Social Society Morba Vs. The Principal Secretary, and ors.(supra) was decided.

3. Issue notice on the delay condonation application and also on the review application to the respondents, returnable after two weeks.

4. Meanwhile, we direct that the judgment sought to be reviewed shall be kept in abeyance until further orders.

(ANIL S. KILOR,J) (SUNIL B. SHUKRE,J)

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