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SHAILESH P. BRAHME, S. G. MEHARE
Shejal Bahuuddeshiya Shikshan Sanstha – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SHAILESH P. BRAHME, J.
1. Rule. Rule is made returnable forthwith. With the consent of parties heard both sides finally at the admission stage.
2. Petitioner is a minority educational institution aspiring to open a new college, has approached this Court seeking direction for grant of permission to open a new college at village Babargaon, Tq. Gangapur, Dist. Aurangabad from the academic year 2019-2020 and seeking quashment of action refusing to grant permission to open the college.
3. The petition is filed on 12.02.2019. By order dated 06.03.2019 notices were issued for final disposal, returnable on 03.04.2019. The respondent No. 2-university did not file reply despite opportunities were given to it. The respondent No. 1 also sought many adjournments for filing reply. Ultimately, on 09.02.2021 reply was filed. At the outset, it is necessary to disclose that we are considering the prayer of the petitioner to open a new college which was made for academic year 2019-2020, when academic year 2024-2025 is in progress.
4. It is the case of the petitioner that it is a minority institution. In annual plan of 2019-2020 the location of Babargaon, Tq. Gangapur, Dist. Aurangabad was incor
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 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 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 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....
Procedural compliance in educational affiliations is critical; failure to follow mandatory guidelines leads to nullification of approval for new colleges.
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....
Point of Law : Conditions imposed in the impugned order rejecting the application on the ground of deficiencies became redundant.
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