GODAVARI FOUNDATION JALGAON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE learned Counsel for petitioner prays for deletion of respondent No. 2 Prayer granted. Heard. Rule. Rule made returnable forthwith. By consent of parties, taken up for final hearing.

(2.) THE petitioner is an Educational Institution registered and governed by the provisions of the Bombay Public Trusts Act and Societies Registration Act. The petitioner manages and administers various Educational institutions and being desirous of opening a new B. Sc. Nursing College at jalgaon, made an application the respondent No. 3 - the Maharashtra university of Health Sciences, Nasik (hereinafter referred to as "the Health university" ). The Health University is expected to scrutinize the proposal and forward the same to the State Government. The Health University did not favourably recommend the opening of the Nursing College by the petitioner. Despite the same, the State Government proceeded to grant permission in exercise of its powers contained in the proviso to sub-s. (5)of s. 64 of the Act. S. 164 (5) reads thus :

(3.) TREATING the petitioner's case as an exceptional one, the State government granted the essentiality certificate/approval vide order dated 3rd January, 2003. The Government has also passed a resolution dt. 27. 2. 2003 granting permission to the opening of a new Nursing College to the petitioner from academic session 2003-2004 with an intake capacity of 50 students. It is the case of the petitioner that not only the State government but the Indian Nursing Council also granted permission to open, the new Nursing College vide its communication dated 10. 2. 2003, after causing due inspection. The petitioner, thereafter, sought first time affiliation to the proposed opening of a new B. Sc. Nursing College from the respondent No. 3 Health University. The Health University has rejected the first time affiliation by exercising powers under ss. 64 and 65 of the Act. The order of the University refusing the affiliation is challenged by filing the present petition.