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R. D. DHANUKA, ABHAY AHUJA
Jagruti Foundation, Pune Shivganga College Of Science Commerce And Arts – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
R.D. Dhanuka, J. - Learned counsel for the petitioners states that all the respondents are already served with the notice of the final hearing. Statement is accepted.
2. By Writ Petition No.4805 of 2018 filed under Article 226 of the Constitution of India, the petitioner has impugned the communication dated 15th March, 2018 issued by the respondent nos. 1 and 2 to the respondent no.4 University refusing to grant Letter of Intent in favour of the petitioner for starting new college. The petitioner also prayed for writ of certiorari for quashing and setting aside the Government Resolution dated 28th February, 2018 to the extent that it allots Letter of Intent to the respondent nos. 5, 6 and 7 for the roster point of Haveli at serial nos. 46, 47 and 48. The petitioner seeks an order and direction against the respondent nos. 1 and 2 to issue Letter of Intent in favour of the petitioner for starting new proposed college in the name of Jagruti Foundation, Pune, Shivganga College of Science Commerce and Arts, for the streams of Arts, Commerce and Science at Arvi, Khed Shivapur, Taluka Haveli, District Pune for the academic year 2018-2019, in pursuance of its proposal dated 15th Dec
The exercise of discretion by the State Government under Section 109(3)(d) of the Maharashtra Public Universities Act, 2016 must be judicious and reasons must be recorded for granting or refusing Let....
The court affirmed that decisions by the State regarding educational institutions must be justified, not arbitrary, ensuring the criteria for granting permissions are relevant and applied consistentl....
[The court established that the Maharashtra Public Universities Act mandates strict adherence to the perspective plan when granting permissions for new colleges, and any deviation from this requireme....
The court established that adherence to the perspective plan is mandatory for the issuance of Letters of Intent for new colleges under the Maharashtra Public Universities Act 2016.
The main legal point established in the judgment is that the government must have exceptional circumstances and valid reasons, recorded in writing, to overrule negative recommendations from the Unive....
The issuance of a Letter of Intent does not grant full-fledged permission to establish a University, and the Government is entitled to ensure compliance with the conditions before permitting the peti....
The authority has discretion to reject educational proposals based on deficiencies, and such proposals cannot be considered after the relevant academic year has passed.
Notification for starting a new education institution - Permission for starting new colleges can be granted only to co-operative institutions, which have sufficient financial background and prior exp....
Procedural compliance in educational affiliations is critical; failure to follow mandatory guidelines leads to nullification of approval for new colleges.
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