MAULANA AZAD EDUCATIONAL TRUST THROUGH ITS CHAIRMAN – Appellant
Versus
THE STATE OF MAHARASHTRA AND OTHERS – Respondent
CA 14225/2019
['DARANDALE ABHIJIT C', 'COPY SERVED ON GP R/ TO', '', 'COPY NOT SERVED A N KAKADE', 'COPY NOT SERVED S V ADWANT', 'COPY NOT SERVED S G KARLEKAR', 'COPY NOT SERVED ON S S THOMBRE']
*1* 944wp6297o19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.6297 OF 2019
WITH
CIVIL APPLICATION NO.11806 OF 2019
IN
WRIT PETITION NO.6297 OF 2019
DR.BIYABANI SYED NAJEEBUDDIN
VERSUS
MILLENNIUM INSTITUTE OF MANAGEMENT THR
DIRECTOR AND OTHERS
AND
WRIT PETITION NO.8202 OF 2018
WITH
CIVIL APPLICATION NO.9358 OF 2019
IN WP/8202/2018
SAYED ZEESHAN SAYED NAEEM
VERSUS
MILLENNIUM INSTITUTION OF MANAGEMENT THR
DIRECTOR AND OTHERS
AND
WRIT PETITION NO.8378 OF 2018
WITH
CIVIL APPLICATION NO.7108 OF 2020
IN WP/8378/2018
WITH
CIVIL APPLICATION NO.14225 OF 2019
IN WP/8378/2018
MAULANA AZAD EDUCATIONAL TRUST
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
WRIT PETITION NO.8809 OF 2018
*2* 944wp6297o19
DR.AKHTER ANWAR
VERSUS
MAULANA AZAD EDUCATIONAL TRUST AND OTHERS
...
Shri V.J. Dixit, Senior Advocate h/f Shri Dixit Sushant V.,
Advocate for the Petitioners in WP/6297/2019, 8202/2018, .
Shri R.N.Dhorde, Senior Advocate h/f Shri A.C.Darandale,
Advocate for the Management i.e. Respondent Nos.1 and 2 in
WP/6297/2019, WP/8809/2018 and 8202/2018.
Shri Amol N. Kakade, Advocate for the petitioner in
WP/8378/2018.
Shri Sayyed Tauseef Yaseen, Advocate for the petitioner in
WP/8809/2018.
Shri S.S. Thombre, Advocate for the University i.e. Respondent
No.3 in WP/6297/2019, No.4 in 8202/2018, No.5 in
WP/8378/2018, No.6 in WP/8809/2018.
Shri C.V. Dharurkar, Advocate for the AICTE i.e. Respondent
No.4 in WP/6297/2019, No.6 in 8202/2018 and WP/8378/2018
and No.7 in WP/8809/2018.
Shri S.B. Yawalkar, AGP for the State Authorities i.e.
Respondent Nos.5 and 7 in WP/6297/2019, Nos.3 and 7 in
8202/2018, Nos.1 to 3 in WP/8378/2018, Nos.3 to 5 in
WP/8809/2018.
Shri S.G. Karlekar, Advocate for the Entrance Test Cell i.e.
Respondent No.6 in WP/6297/2019, No.5 in 8202/2018, No.4 in
WP/8378/2018.
...
CORAM : RAVINDRA V. GHUGE
&
S.G. MEHARE, JJ.
DATE :- 20th August, 2021
*3* 944wp6297o19
P er Court
: -
1.
We have heard the learned Senior Advocates for the
respective sides, the learned AGP on behalf of the State and the
learned advocates on behalf of the AICTE and the University, for
quite some time. We have perused the order dated 06.03.2020
passed by this Court wherein, we have directed the University to
cause an inspection on two counts viz. (i) continuation of
affiliation and (ii) closure of the institution.
2.
We are informed by the learned advocate for the
University that there were two Committees that were constituted.
One Committee, which was to inspect the Institution with
reference to the continuation of affiliation, has submitted the
report indicating that since the Institution has infrastructural
facilities and no deficiencies, it deserves continuation of
affiliation. The other Committee inspecting the Institution having
regard to the desire of the Management to close down the
Institution, has submitted the report observing that as there are no
students admitted and there is no educational activity, closure of
the Institution can be approved.
3.
The debate as to whether, Section 121 of the
*4* 944wp6297o19
Maharashtra Public Universities Act, 2016 would be applicable
to the process for approving closure of the Institution, still
continues. The learned advocate for the University submits that
as the AICTE is the nodal body, the University has a very little
role to play, except to the extent of issuing a “No Objection
Certificate” for closure of the Institution. Such NOC has already
been submitted to the Government by the University.
4.
The learned AGP submits on behalf of the Joint
Director of Higher and Technical Education, Aurangabad, that
they have received necessary papers from the Institution along
with requisite documents, seeking NOC for closure. As the
requisite fees were deposited on 03.08.2021, the Joint Director of
Technical Education has forwarded the proposal to the State of
Maharashtra on 0