SANJAY RAGHUNATH DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard forthwith.

(2.) The petitioners were all teachers working with respondent No. 8, which was run by Kasegaon Education Society. The Society had earlier closed down two courses, namely, the Civil Engineering and Mechanical Engineering. The affected teachers preferred petition before this Court being Writ Petition No. 1330 of 2002. Various contentions were urged by them pleading that the closure by the society was null and void. The petitioners then had also raised the contention, that the closure of the courses was contrary to section 35 of the Maharashtra State Board of Technical Education Act, 1997 (hereinafter referred to as the "said Act"). In the petition which was numbered as Writ Petition No. 1330 of 2002, after hearing the parties a learned Division Bench of this Court, was pleased to allow the same in terms of what was set out therein. In so far as the contention urged on behalf of the petitioners therein that there was non-compliance of the requirement of section 35 of the Act, the learned Bench found, that it was not necessary to enter in to that question considering that All India Council for Technical Education ("AICTE" for short), respondent No. 5 herein had granted permission on certain terms and conditions. One of the terms and conditions provided that no course shall be discontinued without prior permission of AICTE. The learned Division Bench proceeded to observe that it was open to respondent Nos. 1 to 8 herein to make an appropriate application to AICTE in accordance with law and, if such an application is made, then AICTE, will take appropriate decision and it was made clear that the order passed by the Division Bench will not come in the way of the institution or AICTE in taking appropriate decision. The management aggrieved by this order preferred S.L.P. which was dismissed.

(3.) It appears that respondent Nos. 6 to 8 herein applied to AICTE including for closure of the courses in Mechanical and Civil Engineering. AICTE was pleased to grant permission by imposing the following specific conditions: Closure of course may be permitted subject to compliance of all the directives given by Hon'ble High court / Hon'ble Court & all the conditions laid down by M.S.B.T.E. (i.e. respondent No. 2-herein represented by its Director).