GRAMODYOGIC SHIKSHAN MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. A.S.Deshpande, learned Counsel for the petitioners, Mrs. S.B.Wadmare, learned A.G.P., for respondent nos. 1 to 3, Mr. Vivek Dhage, learned Counsel for respondent no.4 and Mr. S.S.Jadhavar, Advocate for respondent no.5.

(2.) The facts which are relevant for the purpose of deciding the petition are that petitioner no.2 institution is running Maharashtra Institute of Technology (Polytechnic) at Aurangabad since the year 1983. The institute had followed all the rules and complied with all the provisions. There was no complaint till the year 2004-2005. In the year 2004-2005 for the first time the institute could not forward proposal for approval to respondent no.3 in time. In view of this delay, the proposal was not forwarded to respondent no.4 for granting approval. The petitioner institute was informed by letters dt.25.1.2006 and 13.2.2006 that for the lapse on its part in submitting the proposal, the proposal will not be forwarded to respondent no.4 unless penalty as per the formala evolved by the Government Resolution dt 21st Jan.,2006 is paid. The petitioners, therefore, made representation to the Government. Finally, the students were allowed to appear at the examination for the academic year 2005-2006. The proposal for following year i.e. for 2006-2007 as well as 2007-2008 was also not forwarded by the respondent no.2 on the ground that the penalty has not been paid and only an amount of Rs.1,00,000/- is deposited. The students were, however, allowed to appear for the examination for the year 2006-2007. As the proposal for the year 2007-2008 was not forwarded to respondent no.4, the petitioner approached this Court for direction to respondent nos. 1 to 3 to recommend the proposal of the petitioner no.2 institution for approval for the years 2005-2006, 2006-2007 and 2007-2008. The petitioners further pray that respondent no.4 should also be directed to grant approval for these years and that respondent no.3 should be directed to approve the merit list of the admitted students of petitioner No.2 for Ist semester of Ist year of Diploma Course; so also, for IIIrd Semester of IInd year of Diploma Course (for direct admissions). Direction is also sought for allowing the students to appear for the examinations of the First Semester of Ist Year of Diploma Course; IIIrd Semester of IInd year of Diploma Course ( direct admissions) examinations which were scheduled to be held from 19.11.2007 and further for declaration of results.

(3.) During pendency of the petition, this Court had granted interim relief by order dated 16th Nov.,2007, directing respondent nos. 2 to 5 to permit the students to appear for the examinations to be conducted from 1st of Dec.,2007 and for making arrangements of the practicals. The petitioner is directed to deposit an amount of Rs.3,00,000/- in the Court, as the issue in respect of the penalty leviable, was to be decided.