1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 4183/2009 Manisha Shikshan Prasarak Mandal, Nagpur .vs. State of Maharashtra, through its Secretary, Department of Higher and Technical Education, Mantralaya, Mumbai 32 and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : A.P.Lavande & P.D.Kode,JJ DATE : 01.10.2009 Heard Mr. A. Parchure, learned counsel for the petitioner. Mrs. Joshi, learned A.G.P. waives notice on behalf of respondent no.1 and Mr. B.G. Kulkarni, learned counsel waives notice on behalf of respondent no.2. 2. Mrs. Joshi, learned A.G.P. appearing on behalf of respondent no.1 states that in terms of the Section 82 of the Maharashtra Universities Act, 1994 the respondent no. 1 has power to deal with the applications for starting new colleges only when such applications are recommended and forwarded to it by respondent no.2. 3. Mr. Kulkarni, learned counsel for respondent no.2 states that the respondent no.2 has no objection if 2` the applications are considered by the State Government for academic year 2010-2011. He further states that the University shall issue necessary authorization/communication in this respect to the State Government. 4. In view of the above, we are of the considered opinion that the application of the petitioner which is pending with respondent no. 1 should be considered for the academic year 2010-2011 in accordance with the provisions of Section 82 of the Maharashtra Universities Act in case respondent no.2 grants necessary authorization and recommend the same to respondent no.1. The respondent no.2 to forward necessary authorization with recommendation to the respondent no.1 within a period of six weeks from today. After such authorization is received the respondent no.1 is free to proceed in accordance with law. It is made clear that the respondent no.1 shall consider the application of the petitioner and the applications of other Managements, if any, received by it. The petition stands disposed of in the above terms. JUDGE JUDGE patle 3`