CHHATRAPATI SHIVAJI EDUCATION SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY an order dated 25th October, 2002 notice was issued to the respondents. In pursuance of the notice, parties have appeared and by consent of the parties, the petitions are heard finally. The facts stated in brief are as follows :

(2.) THE petitioner is a society registered under the Societies' Registration act, 1860. The respondent No. 1 is the State of Maharashtra. The respondent No. 2 is the Maharashtra University of Health Sciences (for short, the university) established under the Maharashtra University of Health Sciences Act, 1998 (for short, the Act ). The respondent No. 3 is the Vice chancellor of the University and the respondent No. 4 is the Director of ayurved, the State of Maharashtra. The petitioner society has its main object of establishing hospitals and medical research centres in rural areas all over India. The petitioner society has established 100 bedded Ayurvedic medical Hospitals at village Mayani, Taluka Khatav, District Satara which is a drought prone area in the hilly region where the most of the population suffers from social disadvantages.

(3.) SOMETIME in the month of October, 2000 the respondent No. 2 university of Health Sciences invited applications in the prescribed form for establishing medical colleges in the State of Maharashtra. The Managing committee of the petitioner resolved to apply for establishing a college in ayurvedic medicine for imparting B. A. M. S. degree course. On 25/10/2000 the petitioner submitted an application for approval of opening an ayurvedic Medical College at village Mayani. The application was accompanied with a demand draft of application fee of Rs. 50,000/- and other necessary documents. The respondent No. 2 rejected the said application on the ground that it was not in consonance with the proposals made in the "perspective Plan" for year 2001 to 2006 prepared by it and intimated the refusal to the petitioner by a letter dated 29/12/2000. It appears that respondent No. 2, University under sub-section (5) of section 64 of the act, sent the necessary information to the Government of Maharashtra, about the refusal of the permission to the petitioner along with its recommendations regarding other institutions who had made applications for permission for setting up medical colleges in the State. After considering the recommendations made by the respondent No. 2 university, and after considering the need of ayurvedic hospital in the hilly region of western ghats, the Government of Maharashtra took a decision to approve the petitioner's proposal for setting up of an Ayurvedic Medical College at village Mayani, Taluka Khatau, District Satara. By its letter dated 1 4/06/2001 the Government of Maharashtra intimated to the petitioner decision and its no objection for starting up of an Ayurvedic Medical College at village Mayani. A copy of the said communication was also sent to the respondent No. 2 University. The said order was purportingly passed by the State Government by virtue of the powers conferred on it under proviso to sub-section (5) of section 64 of the Act.