Case Note & Summary
The petitioner, Dayabhai Patel College of Physical Education, filed a writ petition seeking a direction to respondent no.2, Sant Gadgebaba Amravati University, to forward its proposal for enhancement of intake capacity of the B.P.E. course to respondent no.1, the State of Maharashtra. The petitioner had been running the B.P.E. course since 1993 with an intake capacity of 30 students. The university had not forwarded the proposal. The High Court, after hearing the parties, found no reason for the university to withhold forwarding the proposal, as the petitioner was already permitted to run the course. The court directed the university to forward the proposal to the state government. The rule was made absolute in those terms.
Headnote
A) University Law - Enhancement of Intake Capacity - Forwarding of Proposal - The petitioner college, running B.P.E. course since 1993 with intake of 30, sought enhancement. The university refused to forward the proposal. The High Court held that since the petitioner was already permitted to run the course, there was no reason for the university to withhold forwarding the proposal to the state government. (Paras 2)
Issue of Consideration
Whether the respondent university is obliged to forward the petitioner's proposal for enhancement of intake capacity of B.P.E. course to the state government.
Final Decision
The court directed respondent no.2 university to forward the petitioner's proposal for enhancement of intake capacity of B.P.E. course to respondent no.1 state government. Rule made absolute.
Law Points
- Administrative Law
- University Regulations
- Forwarding of Proposal
- Enhancement of Intake Capacity
Case Details
2010 LawText (BOM) (03) 132
Writ Petition No.216/2010
S.A. Bobde, Smt. Vasanti A. Naik
Shri F.T. Mirza for petitioner, Smt. Sharda Wandile AGP for respondent no.1, Shri J.B. Kasat for respondent no.2
Dayabhai Patel College of Physical Education, Khateshwar Nagar, Chausala Road, Near Waghapur Tekdi, Yavatmal through its Principal Shri Sandeep s/o Madhukar Chawak
1. The State of Maharashtra, through its Secretary, Higher Education, Mantralaya Mumbai 32. 2. The Sant Gadgebaba Amravati University Amravati, through its Registrar.
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Nature of Litigation
Writ petition seeking direction to university to forward proposal for enhancement of intake capacity of B.P.E. course to state government.
Remedy Sought
Petitioner sought a direction to respondent no.2 university to forward its proposal for enhancement of intake capacity of B.P.E. course to respondent no.1 state government.
Filing Reason
The university did not forward the petitioner's proposal for enhancement of intake capacity of B.P.E. course to the state government.
Issues
Whether the respondent university is obliged to forward the petitioner's proposal for enhancement of intake capacity of B.P.E. course to the state government.
Submissions/Arguments
Petitioner argued that it has been running B.P.E. course since 1993 with intake of 30 and there is no reason for university to withhold forwarding proposal.
Ratio Decidendi
Since the petitioner was already permitted to run the B.P.E. course since 1993, there was no reason for the university to withhold forwarding the proposal for enhancement of intake capacity to the state government.
Judgment Excerpts
After hearing the parties for some time, we see no reason why the petitioner's proposal for enhancement of intake capacity of B.P.E. Course to respondent no.1 should not be forwarded by respondent no.2 University to the respondent no.1.
Procedural History
The petitioner filed Writ Petition No.216/2010 before the Bombay High Court, Nagpur Bench. The court heard the parties and passed the judgment on 11th March 2010.
