CHINTAMANI SHIKSHAN PRASARAK MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS is an appeal for setting asid1e the order of the Division Bench of Bombay High Court whereby permission granted by the State Government to the appellant for starting new college at Ghugus, District Chandrapur was declared illegal and quashed.

(3.) THE High Court, after noticing the factual matrix of the case, held that without recording specific reasons for doing so, the State Government could not have granted permission to respondent no.1 (appellant herein) by exercising its discretionary power under proviso to sub-section (5) of Section 82 of the Act despite the fact that its case had not been recommended by the University.