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2020 Supreme(Bom) 1088
IN THE HIGH COURT OF BOMBAY AT AURANGABAD
S.V. GANGAPURWALA, SHRIKANT D. KULKARNI, JJ.
The Adarsha Education Society – Petitioner
Versus
The State of Maharashtra – Respondent
Writ Petition Nos. 5004, 8021 of 2019, 4083 of 2020, Civil Application Nos. 7868, 11350 of 2019, 4451, 6337 of 2020
Decided On : 22-12-2020
Advocate Appeared:
For the Petitioners: V.J. Dixit, A.N. Nagargoje.
For the Respondents: D.R. Kale, S.S. Tope, Ajay S. Deshpande.
The main legal point established in the judgment is the exercise of discretionary powers by the State Government under the Maharashtra Public Universities Act to grant final permission to an educational institution. The court found that the decision to grant final permission to Gurukul Pratishthan was proper and correct in view of the Government Resolution dated 15.09.2017.
Headnote:
DISCRETIONARY POWERS - EDUCATIONAL INSTITUTIONS - MAHARASHTRA PUBLIC UNIVERSITIES ACT - 107, 109 - The court dismissed all the writ petitions challenging the decision of the State Government to grant final permission to Gurukul Pratishthan to start a senior college at village Aland. The court found that the proposals of Bharti Mahila Mandal and Adarsha Education Society were found to be defective and ineligible, and therefore, Gurukul Pratishthan was the only eligible institution for the grant of final permission. The court held that the decision to grant final permission to Gurukul Pratishthan was proper and correct in view of the Government Resolution dated 15.09.2017.
Fact of the Case:
The petitions involved challenges to the decisions of the State Government to grant final permission to Gurukul Pratishthan to start a senior college at village Aland. The petitioners, Bharti Mahila Mandal, Adarsha Education Society, and others, had submitted proposals to start new colleges for various faculties at village Aland as per the perspective plan prepared by the University. The petitioners alleged that the decisions were improper, incorrect, and illegal.
Finding of the Court:
The court found that the proposals of Bharti Mahila Mandal and Adarsha Education Society were found to be defective and ineligible, and therefore, Gurukul Pratishthan was the only eligible institution for the grant of final permission. The court held that the decision to grant final permission to Gurukul Pratishthan was proper and correct in view of the Government Resolution dated 15.09.2017.
Issues: The issues involved in the case were the eligibility of the petitioners to start new colleges at village Aland, the propriety of the decisions of the State Government to grant final permission to Gurukul Pratishthan, and the exercise of discretionary powers under the Maharashtra Public Universities Act.
Ratio Decidendi: The court held that the State Government had the discretionary power to grant final permission to an educational institution as per the provisions of the Maharashtra Public Universities Act. The court found that the proposals of Bharti Mahila Mandal and Adarsha Education Society were defective and ineligible, and therefore, the decision to grant final permission to Gurukul Pratishthan was proper and correct.
Final Decision: The court dismissed all the writ petitions challenging the decision of the State Government to grant final permission to Gurukul Pratishthan to start a senior college at village Aland. The court found that the decision to grant final permission to Gurukul Pratishthan was proper and correct in view of the Government Resolution dated 15.09.2017.
JUDGMENT :
SHRIKANT D. KULKARNI, J.
1. Rule. Rule made returnable forthwith. The petitions are taken up for final disposal with the consent of both the sides.
2. These petitions involve common set of facts and common questions of law. As such, to avoid rigmarole, it would be appropriate to decide all the petitions by a common judgment.
3. Brief facts of each petition which would help for disposal of these petitions together can be summarized as under.
4. Writ Petition No. 8021/2019: The petitioner/Bharti Mahila Mandal is a society registered under the Societies Registration Act and the Maharashtra Public Trusts Act 1950 as well. The petitioner promotes social service, and imparts education, particularly in rural areas.
5. The petitioner Bharti Mahila Mandal was intending to start Arts, Commerce and Science College at village Aland, Taluka Phulambri District Aurangabad in view of inclusion of the said village in perspective plan prepared by respondent No. 4/Dr. Babasaheb Ambedkar Marathwada University, Aurangabad (hereinafter referred to as the University). The petitioner submitted a proposal to open Arts, Commerce and Science degree college at village Aland along with requisite documents. The University initially did not forward the proposal but in view of decision in Writ Petition No. 823 of 2019, forwarded the proposal to respondent No. 1/State. It was necessary for the State to take decision on the proposal submitted by the petitioner.
6. According to the petitioner, the State has issued a letter of intent in favour of Respondent No. 5/Gurukul Bahuuddeshiya Sevabhavi Pratishthan, Waghalgaon (hereinafter referred to as Gurukul Pratishthan) vide Order/Government Resolution dated 31.01.2019. According to the petitioner, the impugned Government Resolution dated 31.01.2019/Letter of Intent is per se improper, incorrect and illegal. The State has not considered the provisions of the Maharashtra Public Universities Act, 2016 (hereinafter referred to as ‘the Universities Act’) in its letter and spirit. According to the petitioner, the proposal submitted by Gurukul Pratishthan was only for two faculties i.e. Arts and Science. As per the perspective plan, degree college should be for three faculties i.e. Arts, Commerce and Science. Gurukul Pratishthan has sought permission to open new college only for Arts and Science faculties which was against the perspective plan. The State has not at all considered the proposal submitted by the petitioner which was submitted for three faculties. As such, the petitioner has challenged the Government Resolution/Order dated 31.01.2019 whereby letter of intent was issued in favour of Gurukul Pratishthan.
7. Writ Petition No. 6337/2020: The petitioner/Bharti Mahila Mandal, Jalna by way of this petition is challenging the Government decision dated 07.02.2019 whereby the proposal submitted by the petitioner to open Arts, Commerce and Science College at village Aland came to be rejected by respondent no. 1/State. According to the petitioner, the impugned decision is bad in law. The petitioner Institution fulfills the prescribed norms to start new Arts, Commerce and Science College at village Aland. The petitioner was the only institution, which has applied for permission to start new college for Arts, Commerce and Science faculties at Village Aland, as per the perspective plan. The Respondent/State has given flimsy grounds while rejecting the proposal of the petitioner. Feeling aggrieved by the impugned decision dated 07.02. 2019, the petitioner has knocked the doors of this Court.
8. Writ Petition No. 5004 of 2019: By way of this Writ Petition, the petitioner/Adarsha Education Society, Ambhai, Tq. Sillod is challenging the action of the respondent/State refusing letter of intent in its favour to start senior college and granting the same to Gurukul Pratishthan for the faculties of Arts and Science for the ac
