1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4622/2008 Adim Vikas Sanstha, Alapalli vs. State of Maharashtra and another WRIT PETITION NO. 2573/2009 Sankalpa Vardhini Gramin Yuva Sanstha vs. State of Maharashtra WRIT PETITION NO.4623/2008 Bahuuddeshiya Sanskurti Shikshan Prasarak Mandal, Kotha vs. State of Maharashtra and others WRIT PETITION NO. 4624/2008 Bahuuddeshiya Sanskrut Shikshan Prasarak Mandal, Kotha vs. State of Maharashtra and another WRIT PETITION NO. 4625/2008 Prabodini Prasarak Bahuuddeshiya Shikshan Mandal, Amgaon vs. State of Maharashtra and another WRIT PETITION NO. 4626/2008 Late Shri Laxmanji Motghare Charitable Trust, Nagpur vs. State of Maharashtra and others WRIT PETITION NO. 4627/2008 Adim Vikas Sanstha, Alapalli vs. State of Maharashtra and another WRIT PETITION NO. 4628/2008 Late Shri Jivanrao Sitaram Patil Munghate Smurti Pratishathan, Chandrapur vs. State of Maharashtra and another WRIT PETITION NO. 4629/2008 Late Shri Laxmanji Motghare Charitable Trust, Nagpur vs. State of Maharashtra and another WRIT PETITION NO. 4631/2008 Swargiya Anil Bahuuddeshiya Shikshan Sanstha vs. State of Maharashtra and another WRIT PETITION NO. 4955/2008 Young Engineer’s Education Society vs. State of Maharashtra & others 2 WRIT PETITION NO. 5173/2008 Sneha Shikshan Sanstha, Lakhori vs. State of Maharashtra and others ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. Anand Parchure, Advocate for petitioner. Mr. Sambre, G.P. for respondent No.1. Mr. B.G. Kulkarni, Advocate for respondent No.2. Mr. S.E. Rathorte, Advocate holding for Advocate Mr. D.M. Kakani for respondents 19 & 28. Mr. Madhav D. Lakhey, Advocate for respondent Nos. 11,21,40. CORAM:- B.P. DHARMADHIKARI & F.M. REIS, JJ DATED :- 02.09.2009 1. The matters are part heard. Petitioners were contending that in order to save time, their applications moved for sanctioning the new Colleges in academic year 2008-2009 should be considered for the year 2009-2010 and in alternative for 2010-2011. The State Government pointed out that as per schedule the applications cannot be considered for the year 2009-2010. The matters were required to be adjourned to enable parties to take instructions. Today Counsel for petitioners states that their applications may be considered for next academic 3 year 2010-2011. 2. Learned Additional Government Pleader states that as per scheme of Section 82, respondent No.1 gets power to deal with such applications, only when such applications are recommended and forwarded by respondent No.2 to it. Learned Advocate Shri Kulkarni appearing for respondent No.2 states that respondent No. 2 has no objection if the applications are considered by State Government for academic year 2010-2011. He further states that University shall issue necessary authorization/communication in this respect to State Government. 3. In the circumstances, we find it proper that the applications of petitioners which are pending with respondent No.1 should be considered for the year 2010-2011 in accordance with the provisions of Section 82 in case Nagpur University i.e. respondent No.2 grants necessary authorization and recommends the same to respondent No.1. The University accordingly to forward the necessary authorizations/recommendations to 4 respondent No.1 within a period of four weeks from today. After such authorization is received, the respondent No.1 is free to proceed with it in accordance with law. In order to avoid confusion, it is made clear that respondent No.1 has to consider such applications along with applications of other management/institutions if any received by it. JUDGE JUDGE adgokar