1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1592 OF 2009 Dr. Radheshyam Shivram Gunjal ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mr. K.M. Nagarkar, advocate for the petitioner Mr. R.P. Phatke, A.G.P. for respondents ..... CORAM: A.M. KHANWILKAR & S.S. SHINDE, JJ. DATED: 15TH JANUARY, 2010 PER COURT:- 1. Heard. Rule. Rule made returnable forthwith, by consent. Counsel for the respondents waive notice. 2 This writ petition takes exception to the decision taken by the Education Officer (Secondary), as communicated to the petitioner vide letter dated 7.10.2008 and of the Zilla Parishad Ahmednagar dated 18.10.2008, refusing to grant permission to open the Junior College of Science and Agro science Faculty at village Mouje Gunjalwadi Pathar, Taluka Sangamner, District Ahmednagar. The competent authority 2 has recorded two reasons for refusing to grant permission The first reason recorded is that enough facility of junior colleges is available in the surrounding area. In so far as this ground is concerned, the petitioner has filed rejoinder affidavit in which the distance from the nearest colleges from the site located for the proposed college has been mentioned. There are five existing junior colleges situated in the vicinity at a distance ranging from 8 to 17 kilometers from the site. In other words, the nearest existing college is situated at a distance of at least 8 kilometers. This position is not disputed before us. Thus, we cannot countenance the opinion recorded by the Education Officer (Secondary) that enough facility of junior colleges is available in the surrounding area. It would have been a different matter if the authority were to find that the students strength in the area, where the proposed college is to be located, may not be sufficient or that the existing colleges are already facing difficulty of inadequate students strength. 3. Be that as it may, what is significant to notice is that the petitioner applied for permission to start junior college in Science and Agro Science faculty. The five colleges, which are mentioned by the authority in the reply affidavit, admittedly, do not have Agro Science faculty. In other words, there is no junior college in the surrounding area which is offering Agro Science course. This course/faculty would be made available for the first time by the petitioner in the proposed college. This aspect has been completely glossed over by the 3 Authority while rejecting the proposal. Taking any view of the matter, therefore, the opinion of the Authority cannot be sustained. 4 The second reason recorded in the impugned decision is that the petitioners have failed to file undertaking on bond of Rs.100/- declaring that they would not claim grant in aid for the proposed college at any time as also in future. According to the petitioner, the petitioner is not opposed to furnishing such bond. The petitioner is ready to comply with the said requirement. That matter, however, will have to be considered by the Authorities. 5 One of the contention raised before us on behalf of the respondents is that the advertisement which was issued by the authorities did not invite applications to open an Agro Science faculty junior college. We are of the considered opinion that, in law, the fact that advertisement was limited to junior college of other faculties, would not preclude institutions, who intend to start private junior college on non grant basis to submit proposal to the Authority for its consideration. The Authorities in such cases would be required to examine as to whether the proposed college fulfills the mandatory norms. If those norms are fulfilled, the competent Authority cannot ordinarily refuse permission to start private junior college on non grant basis. 4 6 In the circumstances, this petition succeeds. Rule is made absolute. We set aside the orders passed by the competent authority and we relegate the petitioner before the competent Authority to consider the proposal afresh on its own merits in accordance with law. That be done by the end of March, 2010 so that the college can start functioning from the commencement of new academic year i.e. 2010-2011. ( S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) rlj/