sr.912-WP-9595-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9595 OF 2026 Sankalp Pratishtan & Anr. .. Petitioners Versus State of Maharashtra & Ors. .. Respondents Adv. Prathamesh Bhargude a/w Adv. Sumit Sonare for the Petitioners. Ms. Kavita N. Solunke, AGP a/w V.G. Badgujar, AGP for the Respondent - State. Mr. Omkar Sudhirrao Kandharkar, Assistant Section Officer present in Court. Adv. Vaibhavi Shelar i/b Adv. Rajendra Anbhule for Respondent No.4. Adv. Prasad L. Gajbhiye a/w Adv. Rutuja A. Joshi for Respondent No.5 (BCI). CORAM: R.I CHAGLA & FIRDOSH P. POONIWALLA, JJ. DATE: AUGUST 25, 2026 P. C. 1. By this Writ Petition, the Petitioner has sought consideration and decision on its proposal for grant of an additional Division by reasoned Speaking Order to be passed by the Respondent State and to direct the AUGUST 25, 2026 Mansi shelke MANSI DHANANJAY SHELKE Digitally signed by MANSI DHANANJAY SHELKE Date: 2026.08.25 20:28:24 +0530 sr.912-WP-9595-2026.doc Respondents to process the proposal and include Petitioner No.2 in the list of colleges in the admission process 2026-27. 2. On the prior date, viz, 12th August, 2026, we had considered the urgency for moving the present Writ Petition as well as the relevant provisions of the Maharashtra Public University Act, 2016 ( ‘the said Act’). The timelines stipulated under Section 109 (3) (a) and 109 (4)(c) for submission of proposal by the Petitioner college as well as forwarding by the university have been clearly set out, viz, before the last day of September of the year preceding the year in which the letter of intent was sought, and on or before the first day of April of the year with such recommendation of the Respondent University duly supported by the relevant reasons as are deemed appropriate by the Management Council. 3. In the present case, the Petitioner had forwarded its proposal on 30th September, 2025 to the Respondent No.4 University and which was forwarded to the Respondent State on 1st April, 2026 along with proposals of 18 other law colleges. 4. Thus, the timelines, as provided under the aforesaid provisions, had been complied with. It appears that Respondent No.4 University had not AUGUST 25, 2026 Mansi shelke sr.912-WP-9595-2026.doc recommended the proposal in view of the moratorium imposed by Respondent No.5 Bar Council of India (BCI). It appears that the moratorium was thereafter relaxed by Respondent No.5 (BCI) vide Order dated 23rd February, 2026, which is given effect on 5th March, 2026. 5. It appears that, thereafter, the Respondent State had, vide its communication dated 18th June, 2026, called for proposals of only 12 out of the 19 Law Colleges and which excluded the Petitioner Law College. Thereafter, Respondent No.4 University forwarded the proposal of 10 colleges along with their recommendations. 6. By Government Resolution dated 30th June, 2026, the Respondent State granted approval in respect of 7 out of the 10 Law Colleges. 7. Mr. Prathamesh Bhargude, the learned counsel for the Petitioner, has submitted that, the Petitioner’s proposal ought to have been considered by the Respondent State given that the proposal had been submitted within given timelines under Section 109 (3) (a) and 109 (4)(c) of the said Act. It was for Respondent No.4 to have recommended the proposal of the Petitioner, and their failure to do so cannot visit adverse consequences on the Petitioner. He submitted that the Petitioner Law College is now left in AUGUST 25, 2026 Mansi shelke sr.912-WP-9595-2026.doc a predicament where it has become difficult to meet the timelines for acceptance of its proposal by the Respondent State and for starting the new division, which is prior to 31st August, 2026. 8. The learned AGP appearing for the Respondent State, states, on instructions, that the Petitioner’s proposal, for starting a new division, will be considered under Section 109 (4)(d) of the said Act by 28th August, 2026 by a reasoned decision being given. This statement is accepted. 9. In view of the above statement, the Petitioner, in the event the approval is granted by the Respondent State to its proposal, will obtain the continuation of Affiliation from Respondent No.4 University by 31st August, 2026. 10. The learned counsel appearing for the Respondent No.5 BCI states, on instructions, that the portal of the BCI is being opened by tomorrow viz, 26th August, 2026, for uploading of approvals for new divisions which are to be started by the educational institutions including that of the Petitioner in the event approval is granted by the Respondent - State. This statement is accepted. Page 4 of 5 AUGUST 25, 2026 Mansi shelke sr.912-WP-9595-2026.doc 11. Writ Petition is accordingly disposed of. There shall be no order as to costs. [FIRDOSH P. POONIWALLA, J.] [R. I. CHAGLA, J.] AUGUST 25, 2026 Mansi shelke