Case Note & Summary
The petitioner, Dr. B. R. Ambedkar Shikshan Sanstha, challenged the grant of permission by the State Government to respondent no.4, Vidya Vikas Shikshan Sanstha, to start a college at Hinganghat. The University had not recommended the permission, citing lack of basic facilities. The petitioner argued that the permission was illegal as it was granted without the University's recommendation. The respondent contended that the Government could grant permission even without recommendation under the proviso to Section 82(5) of the Maharashtra Universities Act, 1994. The Court examined Section 82(5) and its proviso, which allows the Government to grant permission without University recommendation only if it records reasons in writing. The Court found that the Government had not recorded any reasons for overriding the University's negative recommendation. Therefore, the permission was held to be illegal and was quashed. The Court also noted that the University's recommendation was based on the lack of basic facilities, and the Government's decision to grant permission without addressing this was arbitrary. The writ petition was allowed, and the permission granted to respondent no.4 was set aside.
Headnote
A) Education Law - Permission to Start College - Section 82(5) of Maharashtra Universities Act, 1994 - University Recommendation - The State Government granted permission to respondent no.4 to start a college despite the University not recommending it due to lack of basic facilities. The Court held that the proviso to Section 82(5) requires the State Government to record reasons in writing before granting permission without University recommendation. Since no reasons were recorded, the permission was illegal and quashed. (Paras 2-4)
Issue of Consideration
Whether the State Government can grant permission to start a new college under Section 82(5) of the Maharashtra Universities Act, 1994, without the recommendation of the University and without recording reasons in writing.
Final Decision
The writ petition is allowed. The permission granted to respondent no.4 to start a college at Hinganghat is quashed and set aside. Rule made absolute accordingly.
Law Points
- University recommendation is mandatory for grant of permission to start a new college
- State Government cannot grant permission without recommendation unless it records reasons in writing
- Section 82(5) of Maharashtra Universities Act
- 1994
