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MANGESH S. PATIL, SHAILESH P. BRAHME
Nisargdeep Shikshan Prasarak Mandal – Appellant
Versus
State of Maharashtra Through its Secretary, Higher and Technical Education Department – Respondent
JUDGMENT :
Shailesh P. Brahme, J.
1. Rule. Rule is made returnable forthwith. With the consent of the parties, heard finally at the admission stage.
2. By way of present petition jurisdiction under Article 226 of the Constitution of India is invoked to challenge letter dated 22.09.2023, issued by respondent no. 1 inducting new locations for issuing Letter of Intent (hereinafter referred to as ‘LOI’ for the sake of brevity and convenience) for 2024-2025, government resolution dated 15.02.2024 issuing LOI to respondent nos. 3 and 4 and government resolution dated 15.07.2024 granting final approval to them. Petitioner is also seeking ancillary orders.
3. The controversy pertains to opening of a College at Chitte-Pimpalgaon, Taluka and District Chhatrapati Sambhajinagar. The LOI and final permission are regulated under Maharashtra Public Universities Act 2016 (hereinafter referred to as ‘Act’ for the sake of brevity and convenience). Respondent no. 6 is a faction of the office bearers who is at loggerhead with the Secretary of the petitioner. The petition is opposed by all the respondents.
Background of the petition :
4. The petitioner is a Registered Public Trust. It was issued with LOI to
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 authority has discretion to reject educational proposals based on deficiencies, and such proposals cannot be considered after the relevant academic year has passed.
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....
Procedural compliance in educational affiliations is critical; failure to follow mandatory guidelines leads to nullification of approval for new colleges.
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....
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....
The establishment of educational institutions must comply with statutory provisions, ensuring local educational needs are assessed to prevent unhealthy competition.
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