G P GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner is the Secretary of Deogiri Shikshan Prasarak Mandal, Parbhani, a registered educational society registered under the Societies Registration Act (21 of 1860). The Mandal is also registered under the Bombay Public Trusts Act 1950. The Mandal was desirous of opening a college at Parbhani. In accordance with the provisions of the Marathwada University Act 1974 (XXV of 1974) (hereinafter called "the Act"), an application for affiliation and recognition of the college was made by the Mandal to the Registrar, Marathawada University, Aurangabad, on 25th March, 1982, through its Secretary. This application is in the prescribed form and gives the necessary details as required by the rules and statutes of the University. It is also accompanied by the requisite deposit. The application stated that the Mandal is desirous to start a senior college from June, 1983 at Parbhani.

(2.) The Petitioner-Mandal has averred in the petition that the application was considered by the Executive Council of the University. The University authorities also forwarded the proposal to Respondent 1 the State of Maharashtra. The forwarding letter marked as Ext 'D' is addressed to the Secretary to the Government, Education and Employment Department, Maharashtra State, by the Registrar of the University. The letter is dated 12th April, 1983. It mentions that the Executive Council in its meeting held on 14th Dec. 1982, had considered the three proposals of the managements for starting new colleges from June, 1983 and they have been forwarded to the Government for approval under S.43(4) of the Act. In the said letter the Petitioner-Mandal is shown at Serial No. 1 and in addition the other two institutions mentioned in the aforesaid letter are : Jintur Shikshan Prasarak Mandal's Arts and Commerce College, Jintur, and Shiv Chhatrapati Shikshan Sanstha's College of Pharmacy, Latur. By this letter the Registrar of the University has stated that since the proposed colleges are to be started from June, 1963, approval of the Government to the above said proposals under S.43(4) of the Act may please be communicated at the earliest

(3.) Again on 5th May, 1983, the Registrar, of the University addressed a similar letter to the Secretary to the Government, Education and Employment Department, requesting that the Petitioner along with the other institution namely; Jintur Shikshan Prasarak Mandal, Jintur, are proposed to be started the colleges from June, 1983 and the needful may kindly be done at the earliest These two letters are at Exhibit 'D' collectively. Petitioner states that Respondent No. 1 did not favourably respond to the request of the Petitioner. On 27th June, 1983, the Petitioner had addressed a letter to the concerned Officer of Education and Planning Section of the State of Maharashtra. The said letter is written in Marathi which is filed at Exhibit R-2. The relevant portion of the letter is as follows:- By this letter the Secretary of the Petitioner requested the Government to accord approval to start a new college at Parbhani. It is stated therein that under S.43(4) of the Act the State Government has to consider the application received from the Executive Council for approval. It is also further mentioned therein that the Mandal has started giving admissions to the students and prospectus was also forwarded along with this letter. It is requested by this letter that approval may be granted as early as possible in order to avoid loss to the students.