JUDGMENT- B.B. VAGYANI, J.:---Heard.

2. Rule. Rule made returnable forthwith. With consent, taken up for final hearing forthwith.

3. In all these three writ petitions, the order dated 30-4-2001 passed by the respondent State granting permission to start a new college at Shirur Kasar, Tq. Patoda of District Beed is challenged and therefore, these three writ petitions are disposed of by common judgment.

4. The petitioner in Writ Petition No. 2091 of 2001 is an educational society known as Shetkari Shikshan Prasarak Mandal, Ashti, District Beed. The petitioner claims that it is one of the most reputed educational institutions in Beed District. The petitioner institution runs Colleges at Ashti and Kada. The petitioner also runs a College of Physical Education at Ashti. The petitioner claims that it runs near about 21 secondary schools in Beed District and approximately 10,000 students are taking education in various branches of the high schools.

5. The petitioner submitted its proposal as required to be submitted under section 82 of the Maharashtra Universities Act, 1994. The University recommended the proposal of the petitioner. However, the State Government did not consider the proposal submitted by the petitioner. The petitioner has been trying to obtain requisite permission for opening a new college at Shirur Kasar since last eight years. But the stars did not favour the petitioner. The petitioner then filed Writ Petition No. 850 of 1999 praying therein that the respondent Nos. 1 and 2 may please be directed to consider and decide by speaking order the proposal of the petitioner institution to start Arts and Commerce College at Shirur Kasar, Tq. Patoda, District Beed. This Court by order dated 8-4-1999 directed the State Government to dispose of the application of the petitioner for permission to start a college at Shirur Kasar, Tq. Patoda, District Beed within two months and intimate the petitioner accordingly before that time. The petitioner has made a serious grievance that in spite of the aforesaid clear directives of the Hon'ble Court, the State Government has not considered and decided the application of the petitioner for opening a new college.

6. The State Government granted permission to Saint Bhagwan Shikshan Prasarak Mandal, Pangari. Tq. Parali Vaijanath of Beed District to start a new college at Shirur Kasar by order dated 9-7-1999. Feeling aggrieved by the said order, the petitioner filed Writ Petition No. 3688 of 1999 and challenged the said permission.

7. The petitioner in Writ Petition No. 2405 of 2001 is an educational society in Marathwada region running several high schools, primary schools, homeopathy college, D.Ed. College and also senior colleges in Beed District. The petitioner society is known as Adarsha Shikshan Sanstha. The petitioner also wanted to start a new college at Shirur Kasar and accordingly, it submitted its application as required by law. However, in spite of favourable recommendations by the University, the State Government did not favour the petitioner by granting permission to start a new college. The State Government, however, granted permission in favour of Saint Bhagwan Shikshan Prasarak Mandal, Pangari, Tq. Parali Vaijanath of District Beed. Feeling dissatisfied by the grant of permission to said Mandal, the petitioner filed Writ Petition No. 3731 of 1999 and challenged said permission.

8. The petitioner in Writ Petition No. 2376 of 2001 is an educational trust duly registered under the provisions of the Bombay Public Trusts Act, 1950 and also under the Societies Registration Act, 1860. The petitioner trust is known as Nav Nirman Shikshan Prasarak Mandal, Bhayala, Tq. Patoda. The petitioner trust runs Balwadis, Primary schools, secondary schools, schools for the handicapped, technical schools, colleges and Ashram schools. The petitioner had submitted an application for permission to start a new college at Shirur Kasar. In spite of favourable recommendations by the University, the proposal

Click Here to Read the rest of this document