New Law college at a location not covered by the University perspective plan

Sections 107 & 109 of the Maharashtra Public Universities Act, 2016 – Challenge to open new Law College –

The petitioner and the respondent no.4 submitted their applications to open new Law College at Khadke Newasa Phata.   Respondent no.3 University recommended the application of the respondent no.4, under section 109(1) of the Maharashtra Public Universities Act and same was granted by the State Government.

HELD that the Government Resolution dated 15.9.2017 and the perspective plan approved for five years did not indicate any plan for new law college in the entire Newasa taluka.   Since grant of permission to start new college at Khadke Newasa Phata is not traceable to the perspective plan, the Notification dated 10.1.2023 is illegal.

Whole purpose of publishing a perspective plan under Section 107 for five years would stand defeated since the action of the University & the State to publish different location in the annual plan for a new college and still to make recommendation as also grant permission would be violative of Sections 107 and 209 of the Universities Act. 

Judgment dated 12.7.2024 of the Bombay High Court (Aurangabad Bench) in W.P.No.4282 of 2023 of Trimurti Pawan Pratishthan vs. State of Maharashtra and others with connected matters.