LAWS(BOM)-2023-9-75

PRAFUL Vs. STATE OF MAHARASHTRA

Decided On September 06, 2023
Praful Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard the learned advocate for the petitioner and the learned AGP.

(2.) The petitioner is aggrieved by the order passed by the respondent no. 1 dtd. 6/7/2021 rejecting the proposal forwarded by the respondent no. 3 - University for opening of a new senior college at Madavi, Tq. Kinwat, District - Nanded.

(3.) The learned advocate for the petitioner submits that the petitioner had submitted a proposal on 27/2/2020. The committee of the respondent no. 3 - University visited the site and after considering the norms in accordance with the UGC guidelines forwarded a favourable proposal on 16/3/2021 under Sec. 109 of the Maharashtra Public Universities Act, 2016 (Act). However, by the impugned communication, the respondents no. 1 and 2 have rejected the proposal. He submits that a favourable proposal has not been appropriately considered though it has been observed that the petitioner did not possess any lease deed and that the area was not sufficient, ignoring the fact that the petitioner was having his own land and the remaining portion was obtained by it on a notarized document. No opportunity of hearing was extended to it to rectify the shortcomings, if any, and the order has been passed against the principles of natural justice.