GUNAI SHIKSHAN PRASARAK MANDAL KAWALKHED Vs. THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY TO THE GOVERNMENT OF MAHARASHTRA IN HIGHER & TECHNICAL EDUCATION DEPARTMENT

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned counsel for the parties.

(2.) The petitioner institution has challenged the order passed by the Regulatory Authority of Maharashtra, Mumbai, constituted under the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015 (for short, "Act") as the authority has no power to condone the delay in filing the review application so filed by the petitioner. We have noted the scope and purpose of the Act including the requirement of authority to fix the per student fee for the concerned year. The contents of review application, therefore, are required to be considered by the authority as early as possible, to avoid further delay in the matter. The petitioner has filed review application, as not satisfied with the fee structure so decided by the authorities for this year, in comparison with the fee so fixed for earlier years.

(3.) The provisions with regard to condonation of delay is absent. Therefore, in the facts and circumstances, and in the interest of justice, we are inclined to condone the delay, if any, in filing the review. The regulating authority, therefore, is requested to decide the review application in accordance with law, as early as possible, preferably within two weeks as the admission process is already set in motion.