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Bharati Vidyapeeth's Institute of Hotel Management & Catering Technology v/s State of Maharashtra & Ors.

    WRIT PETITION NO.4252 OF 1997

    Decided On, 01 October 1997

    At, High Court of Judicature at Bombay

    By, THE HON'BLE MR. JUSTICE ASHOK AGARWAL & THE HON'BLE MR. JUSTICE J.A. PATIL

    Shri A.V.Anturkar with Shri Chandrakant Chavan for the Petitioners. Smt. S.S. Gokhale, A.G.P.



Judgment Text

ORAL ORDER

Agarwal, J.


Rule. By consent rule is made returnable forthwith. Heard Parties.

2.By the present petition, petitioner seeks directions against the State of Maharashtra to grant permission to start an institution of Hotel Management and Catering Technology in Pune. As far as the A.I.C.T.E. is concerned, it has already granted approval to the Petitioner on 26th of June, 1997 to start the institute with an intake capacity of 60 students. Pending the petition, the State of Maharashtra has also decided to grant the necessary permission as required under Sections 82(5) of Maharashtra University Act. Smt.Gokhale, the learned A.G.P., however, contends that the permission is on condition that the admissions will be permitted to be granted only from the next academic year 1998-99.

3.We have perused recommendations given by the State of Maharashtra on 14th December, 1994 to the A.I.C.T.E. for grant of approval and we find that the State of Maharashtra is fully satisfied about he eligibility of petitioners to start the institute. In the circumstances, we see no justification in the Government granting permission with a condition that admissions will be permitted to be granted only from the next academic year. This is especially so when three other colleges that have been granted permission in the current academic year, have been permitted to grant admissions in the current academic year.

4.Since the Government has adopted the centralised admission process even for the Hotel Management Course, we direct that the petitioners will be bound to admit all the students that may be recommended by the Government. The Petitioners will, thereafter, be entitled to fill up vacancies that may remain after granting admission to the students who are recommended by the Government. The Government will send the list of candidates to be admitted expeditiously and in any event within a period of two weeks. Petitioners will, thereafter, be entitled to fill up the vacancies that may remain vacant after accommodating the students from the Government List.

4.Rule is made absolute in the aforestated terms with no orders as to costs.

5.The point raised by the petitioners, in regard to the authority of the Government in the matter of

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grant of permissions and other ancillary matters, is kept open and it will be open to the Petitioners, if so advised, to agitate the issue in an appropriate proceedings which it may chose to adopt, in future. 6.Expedite the issue of certified copy.
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