- (1.)VIDYA Niketan Shikshan Pratlsthan was granted permission by the state Government to start a new Arts and Commerce College at Hinganghat by order dated 29. 6. 2001. Shri Bapuraoji Deshmukh Foundation, Hinganghat was granted permission to start new Arts College at Hinganghat by the State government vide its order dated 14. 7. 2001. Gramin Vikas Sanstha-the first petitioner runs R. S. Bidkar College at Hinganghat having Arts, Commerce and Science faculties. The said college is being run since 1961 and by this petition the first petitioner and the two other petitioners who are teachers working in R. S. Bidkar college seek to challenge the orders dated 29. 6. 2001 and 14. 7. 2001 whereby the State Government granted permission to the institutions afore-referred for starting new Arts and Commerce colleges at hinganghat.
(2.)ON facts, there is no dispute that no Perspective Plan as contemplated under s. 82 was prepared by Nagpur University for educational development, for location of colleges and institutions of higher learning within the jurisdiction of Nagpur University. Since no Perspective Plan as noted above has been prepared by Nagpur University for the area within its jurisdiction, obviously the question of approval by State Council for Higher education did not arise. The question before us is : Where for want of preparation of Perspective Plan by Nagpur University for the location of colleges and institutions of higher learned and approval thereof by the State Council for Higher Education as contemplated under s. 82 ofthe Maharashtra Universities Act, 1994, the orders dated 29. 6. 2001 and 14. 7. 2001 whereby the State Government granted permission to Vidya niketan Shikshan Pratisthan (respondent No. 3) to start new Arts and commerce College and the permission to Shri Bapuraoji Deshmukh Foundation (respondent No. 4) to start new Arts College at Hinganghat can be sustained?
(3.)BEFORE we proceed further, we complete the facts by narrating that the applications made by respondent Nos. 3 and 4 for opening, Arts and commerce College and Arts College respectively at Hinganghat were forwarded by Nagpur University to the State Government on 13. 12. 2000. The said applications were considered by the State Government and as already noted above, by the orders dated 29. 6. 2001 and 14. 7. 2001, the permissions were granted to respondent Nos. 3 and 4 respectively.