1011wp4860.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.4860 of 2009 (Indira Gramin Vikas Shikshan Sanstha and Ors. vs. State of Mah. and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and F. M. Reis, JJ. Date : 10/11/2009. Heard Mr. H. N. Bhongde, Adv. for petitioners, Mr.D.B.Patel, Assistant Government Pleader for respondent no. 1 and Mr.B.G.Kulkarni, Adv. for respondent nos. 2 and 3. Counsel for petitioners has submitted that all the petitioners have applied to the Rashtrasanth Tukdoji Maharaj Nagpur University for grant of permission to start different Senior Colleges at different places by making applications as per the procedure applicable in this regard. It is contended that the respondent/University has accepted the proposal fees of Rs.5,80,000/- from the petitioners on 31.10.2009 i.e. last date of submission of forms as per the concerned advertisement. It is contended that, since the proposal fee was accepted by the University, it was mandatory for the University to accept the 1011wp4860.09.odt 2 . proposal/application form of the petitioners which was submitted by the petitioners on 3.11.2009. It is contended that the act of refusal to accept forms by the University is unjust and unfair, particularly after accepting proposal fees of Rs5,80,000/-. It is therefore prayed that appropriate direction to respondent University to accept the forms may kindly be issued. Mr. B.G.Kulkarni, Adv. for the University does not dispute the factual aspect of the matter. However, he has contended that, since the last date of submission of proposals/application forms as per the advertisement was 31.10.2009, therefore, no forms could be accepted after the cut-off date i.e. 31.10.2009. It is contended that the petitioners did not submit the application form on or before 31.10.2009, though the proposal fee of Rs.5,80,000/- was deposited by the petitioners on that day and the same was accepted by the University and the forms were submitted after the cut-off date i.e. 3.11.2009 and therefore, the University was justified in not accepting the same. Considered the rival contentions canvassed by the 1011wp4860.09.odt 3 . Counsel for respective parties. On the backdrop of the above undisputed facts, it is evident that the petitioners did not submit the proposals/application forms on or before the cut-off date i.e. 31.10.2009. We want to express that if an applicant fails to submit the application/proposal on or before the cut-off date, in that event the University shall not accept the proposal fee which is not accompanied by the application form. If the proposal fee is accepted by the University, it gives an impression that the University is going to accept the application form even if it is submitted after the cut-off date and it creates confusion. However, so far as the case in hand is concerned, since the forms were submitted after the cut-off date, we are of the view that no case is made out for showing indulgence. However, we direct the University to refund the entire amount of Rs.5,80,000/- to the petitioners forthwith. With these observations and directions, the writ petition is disposed of. JUDGE JUDGE jais