NAVNIRMAN SHIKSHAN PRASARAK MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these four petitions have raised a common challenge and, therefore, they have been heard together and are being decided by a common judgment.

(2.) HEARD the learned Counsel for the respective parties and the learned A. G. P. for the respondent State authorities, Rule. Respective parties waive service. With the consent of the parties the petitions were taken up for final hearing forthwith.

(3.) WRIT Petition No. 3197 of 1999 has been filed by the Navanirman Shikshan Prasarak Mandal, Bhayala, Taluka Patoda, District Beed (Navinirman Mandal, for short) on 7th June, 1999 initially seeking directions against the State authorities to decide its pending proposal to start a new college at Shirur Kasar, a Taluka town in Beed district, pursuant to the orders passed by this Court in Writ Petition No. 5136 of 1997 and the said proposal was submitted for the academic year 1999-2000. By order dated 14th July, 1999 while issuing notice before admission this Court had directed that if the respondent authorities had granted permission to any other institution to open college at Shirur Kasar, the concerned file would be produced in the Court on the next date. In the meanwhile, by order dated 9th July, 1999 the State Government had granted permission in favour of Shri Sant Bhagwanbaba Shikshan Prasarak Mandal, Pangri, Taluka Parali Vaijinath, District Beed (Shri Sant Mandal, for short) for opening a new college at Shirur Kasar for the academic year 1999-2000 in Arts faculty only. By order dated 22nd July, 1999 this Court was pleased to stay the said order dated 9th July, 1999 as a result of which the new college proposed to be started by Shri Sant Mandal could not be opened at Shirur Kasar. The petition was subsequently amended and the said institution was included as respondent No. 5 and it was prayed to quash and set aside the order dated 9th July, 1999. Respondent No. 5 has filed Civil Application No. 3492 of 2000 praying for vacating the order of stay. Writ Petition No. 3688 of 1999 came to be filed on 16th July, 1999 originally sought directions against the respondent State authorities to decide its pending proposal in view of the directions given by this Court in Writ Petition No. 850 of 1999 and subsequently the petition was amended impleading Sant Mandal as respondent No. 4 and praying for a writ of certiorari so as to quash and set aside the order dated 9th July, 1999 granting permission to start a new college at Shirur Kasar in favour of respondent No. 4. This petition has been filed by Shetkari Shikshan Prasarak Mandal at Ashti, District Beed and Ashti is a separate Taluka place in District Beed. Writ Petition No. 3731 of 1999 came to be filed on 22nd July, 1999 challenging the order dated 9th July, 1999 passed in favour of respondent No. 6 i. e. Shri Sant Bhagwanbaba Shikshan Prasarak Mandal. This petition has been filed by Adarsh Shikshan Sanstha at Beed. Writ Petition No. 3947 of 1999 was filed before us on 28th July, 1999 by Sangram Sewabhavi Sanstha at Pimpalner in Taluka Shirur Kasar District Beed challenging the order dated 9th July, 1999 granting permission to start a new college in favour of respondent No. 5 i. e. Shri Sant Mandal. In short all these four petitions challenge the permission granted by the State Government in favour of Shri Sant Mandal at Pimpri (hereinafter referred to respondent society, for short) for starting a new college at Shirur Kasar.