R.M. Lodha, J.

1. 1. Vidya Niketan Shikshan Pratisthan was granted permission by the State Government to start a new Arts and Commerce College at Hinganghat by order dated 29-6-2001. Shri Bapuraoji Deshmukh Foundation, Hinganghat was granted permission to start new Arts College at Hinganghat by the State Government vide its order dated 14-7-2001. Gramin Vikas Sanstha the first petitioner runs R.S. Bidkar College at Hinganghat having Arts, Commerce and Science faculties. The said college is being run since 1961 and by this petition the first petitioner and the two other petitioners who are teachers working in R.S. Bidkar college seek to challenge the orders dated 29-6-2001 and 14-7-2001 whereby the State Government granted permission to the institutions afore-referred for starting new Arts and Commerce colleges at Hinganghat.

2. 2. On facts, there is no dispute that no Perspective Plan as contemplated under Section 82 was prepared by Nagpur

University for educational development, for location of colleges and institutions of higher learning within the jurisdiction of Nagpur University, Since no Perspective Plan as noted above has been prepared by Nagpur University for the area within its jurisdiction, obviously the question of approval by State Council for Higher Education did not arise. The question before us is :--

Where for want of preparation of Perspective Plan by

Nagpur University for the location of colleges and

institutions of higher learned and approval thereof by

the State Council for Higher Education as

contemplated under Section 82 of the Maharashtra

Universities Act, 1994, the orders dated 29-6-2001

and 14-7-2001 whereby the State Government

granted permission to Vidya Niketan Shikshan

Pratisthan (respondent No. 3) to start new Arts and

Commerce College and the permission to Shri

Bapuraoji Deshmukh Foundation (respondent No. 4)

to start new Arts College at Hinganghat can be

sustained?

1. 3. Before we proceed further, we complete the facts by narrating that the applications made by respondent Nos. 3 and 4 for opening Arts and Commerce College and Arts College respectively at Hinganghat were forwarded by Nagpur University to the State Government on 13-12-2000. The said applications were considered by the State Government and as already noted above, by the orders dated 29-6-2001 and 14-7-2001, the permissions were granted to respondent Nos. 3 and 4 respectively.

2. 4. Mr. A.A. Naik, the learned Counsel appearing for petitioners, contended that the permissions granted to respondent Nos. 3 and 4 are not in conformity and accord

with Section 82 of the Maharashtra Universities Act, 1994 (for short "Act of 1994") and any permission granted in breach and contravention of the Act of 1994 is unsustainable. Relying upon the Division Bench judgment of this Court in Dhananjay

R. Kulkarni and Ors. v. State of Maharashtra and Ors. reported in 1999(2) Mh.LJ. 323 and yet another Division Bench judgment of this Court in Navnirman Shikshan Prasarak Mandal v. The State of Maharashtra and Ors., reported in 2001(1) All M R 684, the learned Counsel for petitioners submitted that the preparation of Perspective Plan by University and its approval by the State Council for Higher Education is mandatory before the application for opening a new college or institution of higher learning could be considered.

1. 5. Ms. B.H. Dangre, the learned Assistant Government Pleader for the respondent No. 1 State, in the light of the position being reflected from Section 82 of Act of 1994 and the legal position laid down by the two Division Benches of this Court in Dhananjay R. Kulkarni and Navnirman Shikshan Prasarak Mandal fairly submitted that for want of preparation of Perspective Plan and its approval thereof, it is very difficult for her to justify and defend the impugned orders dated 29-6-2001 and 14-7-2001 whereby the permissions were granted to respondent Nos. 3 and 4 respectively for opening Arts and Commerce College and Arts College respecti