1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2176 OF 2010 Vidya Vihar Sevabhavi Sanstha, } Parbhari, “ Tarangan ”, } Bus stand Campus, Parbhani, } District : Parbhani, } Through its President, } Navin S/o Keshavrao Gilbile } Age : 37 Years, Occ. : Service & } President of the Society } R/o : Parbhani, Dist. Parbhani. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through the Principal Secretary } Higher & TechnicalEducation } Department,Mantralaya, } Mumbai - 32. } 2. The Director } Directorate of Higher Education } Maharashtra State, } Central Building, Pune. } 3. The Joint Director } Higher Education, Nanded Region } Govt. Polytechnic Campus, } Nanded. } .... RESPONDENTS 2 Mr. V.G.Sakolkar, Advocate for Petitioner. Mr. K.G.Patil, Assistant Govt. Pleader for State . CORAM : P.V.HARDAS, J. & S.V.GANGAPURWALA, J. DATE OF JUDGMENT : 17/03/2010 ORAL JUDGMENT : [ PER – P.V.HARDAS, J. ] 1. Rule. Rule made returnable forthwith. With the consent of the parties, this petition is heard finally at the stage of admission. We have heard Mr. V.S. Sakolkar, learned counsel for the petitioner, Mr. K.G.Patil, learned Assistant Government Pleader on behalf of State. 2. By this petition under Article 226 of the Constitution of India the petitioner prays for issuance of the Writ of mandamus directing the respondents to grant permission to the petitioner – Society to open new Arts College at village Narsi, Taluka and District Hingoli. Since the proposal of the petitioner is pending, according to us, the petitioner is not entitled to claim the relief at prayer clause ‘ B ’ to the petition. At prayer clause ‘ C ’ the petitioner has prayed for Writ of mandamus directing the Government to decide the proposal forwarded by the University. 3 3. Since the proposal submitted by the petitioner and forwarded by the University on 25/2/2009 is pending consideration with the respondent, we allow this petition in terms of prayer clause ‘ C ’ to the petition by directing the respondents to decide the proposal of the petitioner, if pending, in accordance with law within 4 weeks from today i.e. 15/4/2010 and communicate the decision thereof to the petitioner. 4. Rule is thus made absolute on the above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 2176.10 ( J )