1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6722 OF 2009 Sharad Educational Institute : Petitioner versus State of Maharashtra & Anr. : Respondents. Ms. Kumud Bhatia for the Petitioner Ms M G Kulkarni for the Respondent No.2. Mr V P Malvankar, AGP, for the Respondent No.1 CORAM : S B MHASE & R M SAVANT, JJ. DATE : 20th August 2009 P.C. 1. The Petitioner institution desires to open a new Senior College for Arts and Commerce faculties on unaided basis at post Rajuri, Taluka Junnar, Districty Pune during the academic year 2009-2010. It has made an application to the University of Pune prior to October 2008 as required under Section 82 of the Maharashtra Universities Act, 1994. The Petitioner’s application has been recommended by the University of Pune for grant of permission under Sections 82 and 83 of the said Act. The Petitioner is asking permission for opening a new senior college for Arts and Commerce on unaided basis, therefore there are no financial 2 implications or financial burden which the Government has to bear in respect of the said Senior College of the Petitioner. Our attention was also drawn to a reported judgment in the matter of The Maharashtra Cosmopolitan Education Society and Anr v/s. The University of Pune & ors reported in 2000(1) ALL MR 442 wherein this Court observed that where there are no financial implications then the permission or approval of the Government is not necessary. Under these circumstances, we asked the learned AGP Mr.Malvankar as to why decision has not been taken by the Government. He stated that the decision in respect of several other colleges have not been taken. The statute mandates that the decisions have to be taken by the Government before 15 th of July. If the decisions are taken thereafter, the colleges cannot be opened in the said academic year. Therefore, the Government is under obligation to take a decision prior to 15 th of July of every year so that colleges can be opened in the said academic year. Keeping the decision pending beyond that period affects the rights of the parties to open the colleges in a particular academic year and also affects the students because as a result of non-availability of the colleges within near vicinity, they may have to join the colleges which are far away from their residences and thereby they have to incur additional expenditure. The Government is under an obligation to see that the educational facilities are available near the 3 place of residences of the students.In the present matter, it has also brought to our notice that the place where the Petitioner desires to open the college is covered by the Master Plan prepared by the University, Pune, and therefore, what we find is that, this is a case which should have been decided by the Government prior to 15 th of July. The learned AGP Mr Malvankar now makes a statement on instructions that within one week from date, the Respondent/Government will take a decision. We accept the said statement and direct the Respondent/State to take appropriate decision at least in the matter of the present Petitioner within a period of one week from date. With the aforesaid directions, the above Petition is accordingly disposed of. [R.M.SAVANT, J] [S.B.MHASE, J]