1 WP 442.06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 442 OF 2006 Vasant Shikshan Prasarak Mandal, Mukhed, Tq. Mukhed, Dist. Nanded, Through it's President, Shesherao S/o Bhimrao Chavan, Age : 56 Years, Occu. : Agril., R/o Mukhed, Tq. Mukhed, Dist. Nanded. .. .. Petitioner Versus 1. The State of Maharashtra, Through it's Secretary, Higher Technical Education Department, Mantralaya, Mumbai. 2. The Director of Higher Education, Maharashtra State, Pune. 3. Joint Director of Higher Education, Nanded Division, Nanded, Dist. Nanded. .. .. Respondents Shri V. D. Gunale, Advocate for the Petitioner. Shri K. B. Choudhari, A.G.P. for the Respondents/State. 2 WP 442.06 CORAM : SMT. NISHITA MHATRE & S. S. SHINDE, JJ. DATE : 14TH MARCH, 2011. ORAL JUDGMENT : . This petition is preferred by an educational society registered under the Bombay Public Trust Act. The petitioner was granted permission to run an Arts and Science senior college in 1997. However, that permission was on a permanent no grant basis. The petitioner society had also accepted this condition stating that it would not seek grant in aid at a later stage. 2. According to the petitioner after it was granted recognition on a permanent no grant basis, it has come across instances of grants being paid to some other societies, although those societies were granted permission to run colleges on a no grant in aid basis. In these circumstances the petitioner made representations to the respondents on 16th November, 1999 and on 15th July, 2004 contending that they should be granted aid, in view of the report submitted by the Director of Higher Education, respondent No. 2 herein. It appears that those representations had not been considered by the respondent No. 1 and hence the 3 WP 442.06 present petition. 3. Without going into the merits of the petitioner's case, in our opinion, it would be appropriate to direct the respondent No. 1 to decide the representations of the petitioner dated 16th November, 1999 and 15th July, 2004. While deciding the representations the State shall taken into consideration the report submitted by the Director of Higher Education dated 12th May, 2000 in which he has recommended that grant be given to the petitioner on three counts (i) that the college is in a rural area, (ii) that 90% of the students are from the backward classes, (iii) that the colleges is situated on border between Maharashtra and Karnataka state. 4. Accordingly, the writ petition is disposed of as follows : a) The respondent No. 1 shall decide the representations of the petitioner dated 16th November, 1999 and 15th July, 2004. b) While deciding the representations the respondent No. 1 shall taken into account the report submitted by the respondent No. 2 on 12th May, 2000. 4 WP 442.06 c) The representions shall be decided within a period of three months from today and the order be communicated forthwith to the petitioner. 5. Rule made absolute accordingly. [ S. S. SHINDE, J. ] [ SMT. NISHITA MHATRE, J.] bsb/March 11