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2010 Supreme(Bom) 1615

A.B.CHAUDHARI, V.C.DAGA
Digitek Krida Vikas Sanshodhan Va Shikshan Bahuuddeshiya Sanstha – Appellant
Versus
State of Maharashtra, Through Principal Secretary Higher and Technical Education Department – Respondent


Advocates Appeared:
For the Petitioner:A.I. Sheikh, Advocate.
For the Respondents:R1, Smt. B.H. Dangre, Addl. G.P., R2, B.G. Kulkarni, Advocate.

Judgment

V.C. Daga, J.

1. Heard. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the rival parties.

2. The factual matrix reveals that the petitioner is a Trust and Society registered under the Bombay Public Trust Act and under the Societies Registration Act. Respondent No.1 has prepared perspective plan as required by Section 83 of the Maharashtra Universities Act, 1994, wherein it was shown that there was a need to establish two graduate Arts-Social Science, Commerce, Science College with one Home Science College.

3. The petitioner finding it possible to run Arts College, Home Science and Commerce College offering degrees of Bachelor in Arts (B.A.), Bachelor in Fashion Designing (BDF) and Post Graduate Diploma in Commercial Computer Applications (PGDCCA) respectively at Alipur Tahasil : Hinganghat, District Wardha applied to respondent No.2 in the requisite format for permission to start college for the above courses for the Academic Session 2008-09.

4. Respondent No.2 after completing all the formalities vide its covering letter dated 27.1.2008 forwarded application of the petitioner with positive recommendation to respondent No.1. The applic

























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