MOHOTADEVI SEVA PRATISHTHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner approaches this Court under Article 226 of the Constitution of India, impugning the order passed by respondent No. 1 - State, thereby rejecting proposal dtd. 29/4/2022 filed by the petitioner to start new courses. The petitioner further seeks issuance of writ of Mandamus against respondent No.1 for grant of permission to run proposed post graduate courses from the ensuing academic session.

(2.) The petitioner contends that it is an Educational Trust registered under the Societies Registration Act as well as the Bombay Public Trusts Act. The petitioner is running a senior college at Shrigonda, affiliated to Savitribai Phule Pune University. On 24/4/2022, the University published a proclamation inviting proposals for grant of LOI and permission to start new courses. In response to the said proclamation, petitioner submitted proposal dtd. 29/4/2022 to start the post graduate courses in Arts, Commerce and Science faculty. The petitioner possesses requisite infrastructure in tune with criteria laid down by the UGC. The University, after inspecting the availability of the infrastructure and facilities, positively recommended the proposal of the petitioner. Unfortunately, the respondent No.1 State of Maharashtra rejected the petitioner's proposal only on the ground that the petitioner was not compliant for 'NAAC Accredition'. According to the petitioner, the action on the part of the respondent State is discriminatory, arbitrary and malafide. Many institutions who do not possess NAAC are granted permission to start PG Courses. In fact there was no deficiency in the proposal of the petitioner however proposal is rejected giving incorect reason.

(3.) The respondent Nos. 1 to 3 by filing affidavit in reply states that petitioner's proposal is rejected for want of 'NAAC accredition' Petitioner enclosed mere undertaking to comply such requirement which is not sufficient. It is further submitted that the Government has already completed procedure for subject academic year and granted permissions to start new courses under Govt. Resolutions dtd. 8/8/2022, 10/8/2022 and 16/8/2022 to the eligible institutions for the academic year 2022-23. The petitioner could have submitted fresh proposal for grant of permission for ensuing academic year as per the norms prescribed. Therefore, prayer of the petitioner can not be considered.