AKEMI EDUCATION SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has filed this Petition to quash and set aside the impugned decisions dated 31st January 2020 and 4th July 2020 of respondent No.1 whereby the name of the petitioner was excluded from the list of institutions who are granted Letter of Intent to open new college of Arts, Commerce and Science (Higher Education) in village Marunji, Taluka Mulshi, District Pune.

(2.) The petitioner-Institution is registered under the Maharashtra Housing Societies Act,1960 and the Maharashtra Public Trusts Act,1950. The petitioner is in the field of education for last 10 years and providing education in various fields. The petitioner had written a letter dated 2 nd July 2019 to respondent No.3-University and requested to consider its proposal for opening colleges for higher education in Arts, Commerce and Science at village Marunji, Taluka Mulshi District Pune. respondent No.3 considered the request of the petitioner and published a perspective plan for the year 2020-2021 for opening new colleges, faculties and new syllabus, etc. The said perspective plan included requirement of two colleges of Arts, Commerce and Science in Taluka Mulshi, Pune; one at Marunji and the other at Pirangut.

(3.) On the basis of the perspective plan of respondent No.3, the Maharashtra Commission for Higher Education and Development (MAHED) conducted a meeting on 23rd July 2019 wherein the perspective plan of respondent No.3 was accepted. On the basis of the said perspective plan, respondent Nos.1 and 2 called upon respondent No.3 to invite applications and proposals for opening new colleges at the points/locations included in the perspective plan which was approved by respondent No.1. It is contended that in the meantime, respondent No.1 formulated procedure for permission for opening of new colleges. The said procedure was formulated by way of G.R. dated 15 th September 2017 under section 109 of the Maharashtra Public University Act,2016 (for short "said Act of 2016"). Accordingly, respondent No.3 issued advertisement dated 24th August 2019 whereby it invited proposals for new college. At serial No.43 of the said advertisement, was the proposal of invitation for opening college at village Marunji, Taluka Mulshi, District Pune.