New College – Permission – Maharashtra Pubic Universities Act, 1960 – One of the grounds for grant of new college to Respondent Nos.6 to 8 was that comparatively the petitioner is a new institution – Salutary observations of the High Court for assessment of such proposals
As per the Guidelines of Government Resolution dated 15.9.2017, the Pune University would scrutinise the applications for new colleges, conduct visits and submit its report with its recommendations to the State Government. Thereaftrer, the Respondent nos.1 to 3 would issue letter of intent.
By the Government Resolution dated 20.4.2022, the letter of intent to start new college was granted to the Respondent Nos.6 to 8 and the proposal of the petitioner to start new college at Taluka Haveli Pune, was refused vide email dated 4.3.2022.
The University recommended the proposal of the petitioner.
However, the State Government granted permission to the Respondent Nos.6 to 8 and rejected the proposal of the petitioner. One of the grounds for grant of permission to the respondent nos.6 to 8 and refusal to the petitioner was that comparatively the petitioner is a new institution and number of schools / colleges run by it is nil.
HELD that the scope of judicial review in such cases is very limited and restricted only to the decision making process and not to the merits of the decision. The Court cannot review the decision. It is not the function of the Court to act as a superboard or schoolmaster substituting its judgment for that of the administrator. The Court is certainly not an expert in the educational policy matters. However, the phrase “absolute discretion” in Section 109(3)(d) does not mean that it can be exercised arbitrarily. However, it was observed that if the existing Institute having experience in the field of education is only to be considered then in that scenario it would lead to monopolistic situation where the entry of new Institute would be barred. Moreover, the experience of running educational institution is very important to decide whether it is capable of setting up a new college but same has to be balanced to avoid any monopolistic situation coming into existence. Therefore, the State should consider a level playing field to all the applicants or at least there should be some consideration of new entrants being considered by comparing the same in a practical manner. There should be fixed parameters based on the University report to consider the proposals. One way could be granting certain points for each of the parameters and thereafter, aggregating the same to come to a conclusion that a particular Institution is eligible.
Judgment dated 21.2.2024 in Writ Petition No.6265 of 2022 of M/s.Jgruti Foundation, Pune, Shiv Ganga College of Science, Commerce and Arts (Proposed) Vs. The State of Maharashtra and others with connected matters.
