SOCIAL SOCIETY MORBA Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) In pursuance of an advertisement issued by the University of Mumbai on 18th August, 2007 inviting applications for starting colleges in the State of Maharashtra, the petitioner filed an application on 8th October, 2007 for permission to start a Women's Degree College of Science at Morba. The University recommended the proposal on 3rd January, 2008. No decision was taken thereon by the State Government. A fresh advertisement was issued by the University on 18th July, 2008 in pursuance of which the petitioner made an application which was recommended. Once again, the fresh application was not considered. The application for the year 2010-11 has been recommended by the University on 15th January, 2010. The State Government has not furnished any plausible reason for not considering the application and taking any final decision thereon. The petitioner claims to be a Minority Educational Institution, protected by Article 30 of the Constitution. The petitioner had moved the National Commission for Minority Educational Institutions. By an order dated 15th July, 2010 the Commission recommended that the State Government accord permission to the petitioner under section 82(5) of the Maharashtra Universities Act, 1994 to establish a Women 's Degree College in accordance with the recommendations of the University for the academic year 2010-11.

(2.) We dispose off this petition, by directing the first and second respondents to take a final decision on the proposal submitted by the petitioner and recommended by the University of Mumbai for the establishment of a Women's Degree College at Morba, within a period of 2 months from today. The petition is accordingly disposed off. There shall be no order as to costs.