Prakashchand Jain Bahuuddeshiya ... vs The State Of Maharashtra Through ...
2022 Latest Caselaw 4522 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD


                        WRIT PETITION NO.4593 OF 2022


Prakashchand Jain Bahuuddeshiya Sanstha's
Shri. Prakashchand Jain College of
Physiotherapy and Research,
Palaskheda Bk., Tq. Jamner, Dist. 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 University of Health
        Sciences, Nasik
        Dindori Road, Mhasrul,
        Nasik - 422 004
        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 - State Government to forthwith consider the proposal

of the petitioner - institute for intake of 60 students for

Physiotherapy College for GNM course from the academic year

2021-22.

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

the petitioner - trust had filed proposal to the respondents to issue

essentiality certificate / permission in favour of petitioner for

starting the Physiotherapy College and conducting examination

thereof. The inspection has been carried out by the committee on

03.02.2021. On 02.10.2021, after conducting the inspection, the

respondent - committee has given positive recommendation and

report has been forwarded to the 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. On 10.11.2021, the petitioner made representation to the

State Government to consider the proposal at the earliest, but, no

action has been taken by the State Government till today. The

writ petition is filed on 22.04.2022.

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4. Learned counsel for the petitioner submits that, last date for

granting admission for the said Physiotherapy College is

30.04.2022 and State Government may be directed to decide

proposal by tomorrow.

5. Though, the inspection was completed and the

recommendation was made by the committee as per report dated

22.10.2021 and the petitioner did not file present writ petition

expeditiously and now seeks a decision on the proposal. We are

not inclined to allow this petition to decide proposal of the

petitioner by tomorrow on the ground of delay. Writ petition is

dismissed. No order as to the costs.

6. If any application is made for next academic year by the

petitioner, the same may be considered on its own merits.

Respondent - committee is directed to decide the proposal made

by the petitioner expeditiously.

7. Rule stands discharged.

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



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