NAMITA EDUCATION AND WELFARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The State, in its Higher and Technical Education Department declined the permission to the petitioner Institute, for opening new faculty in Bachelor of Arts and Science in their existing College on 23rd September, 2016 and thus this petition.

(2.) The petitioner, Society is running the Institute by name, Siddharth College of Arts at Boradpada, Post- Chargaon, Tal-Ambernath, District-Thane which has been granted permission for B.ED and B. Com faculties without grant-in-aid by the State. The University, by advertisement dated 9th December, 2015 invited proposals as per the provisions of the Maharashtra Universities Act, 1994 for the academic year 2016-17 from the Management/interested Societies/Trusts of affiliated Colleges to start new college program/division/subjects (Under Graduates and Post Graduates). In response thereto, the petitioner had applied for opening new B.SC and B.A. Faculty. The Local Enquiry Committee submitted its inspection report to the Mumbai University on 16th April, 2016 on norms as prescribed. It appears, the management Council in its meeting dated 27th April, 2016 resolved to grant affiliation qua two faculties, then applied for by the petitioner, Society and forwarded its recommendation to the State in terms of Section 82(4) of the Maharashtra Universities Act, 1994.

(3.) It is the petitioner's case that, there was no response from the State and hence information was sought under the Right to Information Act , whereby it was informed that the approvals were granted to the respective institutes by respondent no.1 vide orders dated 4th July, 2016 and 9th September, 2016 which were published on its website. These orders were not displaying the names of the petitioner's institute on the website. The petitioner, however, was not communicated with the reasons for declining the permission and as such the petitioner had filed Writ Petition No. 327 of 2017, wherein the order of rejection/declining permission passed by the respondent no.1, dated 23 rd September, 2016 was submitted to the petitioner. Writ Petition No. 2327 of 2017 was disposed off with liberty to challenge the order of rejection dated 23rd September, 2016 which is impugned in the present petition.