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2018 Supreme(Bom) 136

B.R.GAVAI, B.P.COLABAWALLA
K. J. Somaiya College of Engineering – Appellant
Versus
Secretary Fees Regulating Authority – Respondent


Advocates Appeared:
For the Petitioners:Aspi Chinoy, Senior Counsel along with Akshay Prakash Shinde, Dr. Birendra Saraf, Akshay Shinde, Advocates.
For the Respondents:Susheel Mahadeshwar, Ranjana Todankar, Dr. Milind Sathe, Senior Counsel along with Manisha Jagtap, Akshay Kapadia i/by M/s J. Shekhar & Co., S.G. Aney, Senior Counsel, L.M. Acharya, Special Counsel, Mr. Kunal Bhange, Asst. Government Pleader, L.M. Acharya, Special Counsel along with Kedar Dighe, Asst. Government Pleader, Rui A. Rodrigues, Advocates.

JUDGMENT :

B.R. Gavai, J.

1. A common question of law that arises for consideration in these Petitions is, as to whether Petitioners who are Autonomous Colleges/Institutions, as defined in subsection (6) of Section 2 of the Maharashtra Public Universities Act, 2016 (hereinafter referred to as “2016 Universities Act”), are governed by the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission and Fees) Act, 2015 (hereinafter referred to as “Regulation Act of 2015”) or not?

2. Since all these three Petitions involve a common question of law they have been heard together and are being disposed of by this common judgment and order.

3. Factual position in all the three matters is undisputable. Petitioner in Writ Petition No.2813 of 2017 is an Autonomous Unaided College of Engineering, affiliated to the University of Mumbai and approved by the All India Council for Technical Education. The perusal of the communication addressed by the University Grants Commission (“UGC”) to University of Mumbai dated 22/05/2013 would show that it has informed the University that the Commission on the recommendations of the Standing Committee, has agreed to grant autonomous

































































































































































































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