Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 75415 (BOM)

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY, HIGHER AND TECHNICAL EDUCATION DEPT AND ANR v. AQSA EDUCATION TRUST AND ANR

WP/4200/2008 · 2025-11-14

Shri Ashwin D Bhobe, Shri Ravindra V Ghuge

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

907-WP-4200-2008 with WP-2555-2009.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4200 OF 2008 The State of Maharashtra Through Principal Secretary, Higher And Technical Education Dept. And Anr. ...Petitioners Versus Aqsa Education Trust And Anr. ...Respondents WITH WRIT PETITION NO. 2555 OF 2009 Aqsa Educational Society And Ors. ...Petitioners Versus The State of Maharashtra And Ors. ...Respondents __________ Ms. Priyanka Chavan, AGP for the State/Petitioners in WP/4200/2008. Ms. Dhruti Datar, Advocate for the Petitioners in WP/2555/2009. Ms. Nisha Mehra, AGP for the State/Respondent Nos. 1 & 2 in WP/2555/2009. Ms. Manorama Mohanty i/b M/s. S. K. Srivastav & Co., Advocate for Respondent No. 2 in WP/4200/2008 and for Respondent No. 3 in WP/2555/2009. __________ CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ. DATE : 14th NOVEMBER, 2025. P.C. : 1. We are informed by the Petitioners that the cause of action in these two Petitions does not survive and the Petitions are rendered infructuous. Therefore, we are refraining from going into the challenge to the exercise of authority by the National Commission for Minority Gitalaxmi 907-WP-4200-2008 with WP-2555-2009.odt Educational Institutions in passing an order on 18th April, 2007 in Case No. 1309 of 2006, exercising powers under Section 12(f) of the Minority Educational Institutions Act, 2004. 2. In the second Petition, the Management/Educational Society was before this Court seeking direction to the University to grant affiliation to the Arts, Commerce and Science faculties. The State Government had granted permission to the Petitioners to start the Arts and Commerce College vide communication dated 19th June, 2008 and to start the Science College vide communication dated 12th August, 2008. 3. The learned AGP tenders a compilation of 12 pages, which is photostat copies of the orders granting the first time affiliation to the Arts, Science and Commerce Courses of the Petitioners’ Management in the second Petition. She is instructed to submit that presently, all these three Colleges, imparting education in the Arts, Commerce and Science faculties, have been granted affiliation. The said compilation is taken on record and collectively marked as ‘X’ for identification. 4. In view of the above, both these Petitions are disposed off. Rule is discharged. [ASHWIN D. BHOBE, J.] [RAVINDRA V. GHUGE, J.] Gitalaxmi GITALAXMI KRISHNA KOTAWADEKAR Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2025.11.19 12:48:37 +0530