Prakashchand Jain Bahuuddeshiya ... vs The State Of Maharashtra Through ...
2022 Latest Caselaw 4519 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD


                       WRIT PETITION NO. 4595 OF 2022

Prakashchand Jain Bahuuddeshiya Sanstha's
Shri. Prakashchand Jain Institute of Nursing
Palaskheda Bk., Taluka Jamner, District Jalgaon.
Through its Secretary,
Manojkumar S/o. Prakashchand Kawdiya,
Age 52 years, Occu. Business,
R/o. Mayur Complex, Jamner,
Taluka Jamner, District Jalgaon                ..                     Petitioner

                 Versus

1.      The State of Maharashtra
        Through the Secretary,
        Medical Education and Drugs Department,
        Mantralaya, Mumbai - 32.

2.      Maharashtra State Board of Nursing
        And Paramedical Education,
        Government Dental College and
        Hospital Building, St. Georges
        Hospital Campus, Fort, Mumbai,
        Through its Registrar                                 ..      Respondents

                                 ...
Mr. Tukaram M. Venjane, Advocate for Petitioner
Mr. A. R. Kale, A.G.P. for Respondents - State
                                 ...

                                   CORAM :            R. D. DHANUKA &
                                                      S. G. MEHARE, JJ.

                                   DATE         :     28-04-2022

ORAL JUDGMENT
(PER : R. D. DHANUKA) :-


        Rule.         Learned   A.G.P.       waives    service       of    notice      for





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respondents. Rule made returnable forthwith. Heard finally with

consent of the parties.

2. By this petition filed under Article 226 of the Constitution of

India, the petitioner seeks writ of mandamus against the

respondent no.1 - State Government to forthwith consider the

proposal of the petitioner institute for intake of 60 students for

GNM course from the academic year 2021-22.

3. It is submitted by the learned counsel for the petitioner that,

the petitioner had filed proposal to the respondents for starting

the new nursing school of General Nursing Midwifery (GNM)

course on 26.10.2020. Respondent no.2 - committee

recommended the case of petitioner for grant of intake of 60

students and submitted its report on 29.12.2020. The respondent

no.2 - committee has conducted inspection and given positive

recommendation and report has been forwarded to respondent

no.1 - State Government for further approval and grant of

permission to the petitioner for intake of 60 students from the

current academic year. Said proposal is pending with respondent

no.1. The petitioner made representation to the respondent no.1

to consider proposal at the earliest. But, no action has been

taken.

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4.      We accordingly direct the       respondent no.           1 - State

Government to decide the said proposal of the petitioner and pass

order on its own merits on or before 31.05.2022.

6. It is made clear that, this Court has not expressed any

opinion on the merits of the matter.

5. All contentions of both the parties are kept open.

6. Writ petition is disposed of accordingly. No order as to costs.

7. Rule made absolute in aforesaid terms.

8. The parties shall act on authenticate copy of this order.

        ( S. G. MEHARE )                      ( R. D. DHANUKA )
              JUDGE                                   JUDGE




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