Case Note & Summary
The petitioners, Habib Educational & Welfare Society and Aldel Education Trust, filed writ petitions seeking directions to the State of Maharashtra to decide on their applications for starting a new law college and additional degree courses for the academic year 2015-16. The petitioners had applied within the prescribed time, and the University of Mumbai had recommended their cases. However, the State Government did not take any decision on the individual applications. The Bar Council of India had also granted approval for the new law college. The court observed that the State Government's inaction was unjustified and that the petitioners had complied with all necessary requirements. The court issued a writ of mandamus directing the State Government to consider and decide the applications within two weeks from the date of the order. If the State failed to do so, the approvals would be deemed granted. The court also directed the University to grant affiliation upon receipt of the State's permission or upon expiry of the two-week period. The judgment was delivered by a division bench of Justices Anoop V. Mohta and A. A. Sayed on September 8, 2015.
Headnote
A) Administrative Law - Mandamus - Inaction by State Government - The petitioners applied for starting a new law college and additional degree courses for the academic year 2015-16 within the prescribed time. The University recommended their cases, but the State Government failed to take a decision. The court held that the State Government's inaction was unjustified and issued a mandamus directing the State to consider and decide the applications within a specified period, failing which the approvals would be deemed granted. (Paras 3-5) B) Education Law - New Law College - Approval Process - The Bar Council of India and the University had granted necessary approvals or recommendations. The State Government's role is to grant 'no objection' or permission. The court noted that the State Government cannot indefinitely delay the decision and must act within a reasonable time. (Paras 3-4) C) Constitutional Law - Article 226 - Writ of Mandamus - The High Court can issue a writ of mandamus to compel a public authority to perform its statutory duty. In this case, the State Government's failure to decide on the applications amounted to a dereliction of duty, warranting judicial intervention. (Para 5)
Issue of Consideration
Whether the State Government's failure to decide on applications for starting new law college and additional degree courses within the stipulated time justifies issuance of mandamus to compel the State to grant approval or consider the applications.
Final Decision
The court allowed the petitions and issued a writ of mandamus directing the State Government to consider and decide the applications within two weeks from the date of the order. If the State fails to decide within that period, the approvals shall be deemed granted. The University is directed to grant affiliation upon receipt of the State's permission or upon expiry of the two-week period.
Law Points
- Mandamus
- Inaction by State Government
- University recommendation
- Bar Council of India approval
- Academic year 2015-16
- New Law College
- Additional Degree Courses
