LAWS(BOM)-2015-9-268

PRANJALI Vs. STATE OF MAHARASHTRA AND ORS.

Decided On September 14, 2015
Pranjali Appellant
V/S
State of Maharashtra And Ors. Respondents

JUDGEMENT

(1.) THIS writ petition challenges the order passed by the respondent No. 1 Pravesh Niyantran Samiti dated 25.2.2015 thereby refusing to grant an approval to the admission of the petitioner.

(2.) THE petition deserves to be allowed on two grounds. Firstly, the Division Bench of this Court, vide order dated 15.12.2014, had itself directed the Director of Technical Education, who is undisputedly a Member of the respondent No. 1 Committee, to grant an approval to the admission of the petitioner in the peculiar facts and circumstances.

(3.) SHRI Sunil Manohar, the learned senior counsel fairly conceded that the petition deserves to be allowed also on the ground of jurisdiction. The learned senior counsel submits that the Committee has now after perusing the Judgment of the Hon'ble Apex Court in the case of Islamic Academy of Education and another vs. State of Karnataka and others reported in : (2003) 6 Supreme Court Cases. 697. has come to the conclusion that the Committee has no jurisdiction to consider the admissions made in the Government Colleges and its jurisdiction is confined only to the admissions made in the private colleges. In that view of the matter, since the Committee itself is of the view that it had no jurisdiction to pass the order impugned herein, on the said ground also the petition deserves to be allowed.