(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 4013 OF 1994 Arts, Commerce & Science College, Jamner, Taluka : Jamner, District : Jalgaon (Through its Principal - Shri J.J. Joshi). .. Petitioner. versus 1. The North Maharashtra University, Jalgaon, District : Jalgaon (Through its Vice-Chancellor Shri N.K. Thakre). 2. The Registrar of the North Maharashtra University, Jalgaon, District : Jalgaon. .. Respondents. ....................... Mr. S.P. Deshmukh, Advocate, holding for Mrs. C.S. Deshmukh, Advocate, for the petitioner. Respondent nos.1 and 2 served (Absent). ........................ (2) CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 11TH JUNE 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. The petitioner challenges the order dated 9th March 1994 passed by the respondent no.2, vide which a penalty of Rs. 10,000/- has been imposed on the petitioner for starting a subject without permission of the State Government and the University. 2. Mr. S.P. Deshmukh, learned Counsel appearing for the petitioner, submits that the order dated 9th March 1994 has been passed without giving valid reasons and, therefore, the said order is liable to be quashed and set aside. He further submits that the petitioner was already having permission for the Chemistry subject and, as such, it could have very well interchanged a subject without the permission of the University. He further submits that by way of abundant precaution, the communication was sent to the University. 3. It is not in dispute, that the subject of Biochemistry and the subject of Agriculture and Dairy Science are different. It is also not in dispute, that the petitioner was already having permission for the subject of Biochemistry. As such, if the (3) petitioner wanted to change the subject of Biochemistry to Agriculture and Dairy Science, it was necessary for it to have taken requisite permission from the University and also from the State Government. 4. In so far as the contention of the petitioner, that the order impugned does not mention valid reasons, is concerned, we are unable to accept the same. Sufficient reasons have been given for imposing fine. On the contrary, the University has taken a lenient view by taking into consideration interest of the students and have permitted the students to appear for the subject of Agriculture and Dairy Science. However, while doing so, on account of fault of the petitioner, fine has been imposed. No illegality is noticed with the impugned order so as to warrant interference in exercise of extraordinary jurisdiction. 5. In the result, the petition is dismissed. Rule is discharged. There shall be no order as to costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp4013