TRIMURTI SHIKSHAN PRASARAK MADAM AND ANR v. SAVITRIBAI PHULE PUNE UNIVERSITY AND ORS
WP/10636/2026 · 2026-08-25
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DailyLaw.ai
[ 2026 DAILYLAW 4368 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4368 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 904-wp-10636- 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10636 OF 2026 Trimurti Shikshan Prasarak Mandal and Another ...Petitioners Vs. Savitribai Phule Pune University and Others ...Respondents ----------------- Mr. Yuvraj Narvankar, for the Petitioners. Mr. O. A. Chandurkar, Addl. G.P. a/w. Smt. Vaishali S. Nimbalkar, for the Respondent / State. Mr. Prasad L. Gajbhiye, for Respondent No.2 / BCI. Mr. Omkar S. Kandharkar, Assistant Section Officer is present. ----------------- CORAM : R. I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATED : 25th AUGUST, 2026 P.C.:-
1. By this Writ Petition, the Petitioners are seeking a direction to Respondent No.3 – State, in exercise of its powers conferred under Section 109(3)(g) read with Section 109(4)(d) and other applicable provisions of the Maharashtra Public Universities Act, 2016, to consider and decide the communication dated 30th June 2026 addressed by Respondent No.1 University, and grant its approval / sanction / permission for the B.A. LL.B., B.B.A. LL.B. and LL.M. Courses, within a time frame not exceeding a period Mamta Kale 1/5 MAMTA AMAR KALE Digitally signed by MAMTA AMAR KALE Date: 2026.08.27 19:01:18 +0530
2 904-wp-10636- 2026.doc of one week from the date of disposal of the present Petition. 2. It is the contention on behalf of the Petitioners that the Petitioners had submitted their Application for seven new courses which they were proposing to introduce in the Petitioners’ Law College. 3. The Application was made on 30th September 2025 to the Respondent No.1 University. Thereafter, the Respondent No.1 University had failed to forward the Application of the Petitioners for starting new courses and it is the Respondent No.3 State who had by communication dated 18th June 2026 directed the Respondent No.1 University to issue the proposals of 12 Law Colleges, including the Petitioners’ Law College. The Respondent No.1 University had accordingly on the same date, viz. 18th June 2026, forwarded the proposals of the seven Law Colleges, which included the Petitioners’ Law College, but had failed to submit the entire proposal, viz. of starting new courses, and had only mentioned proposal of new additional division to be started by the Petitioners’ Law College. 4.
On 30th June 2026, the Respondent No.3 State approved the new division of the Petitioners’ Law College but, in view of the proposal for new courses to be started by the Petitioners’ Law College not having been forwarded by the Respondent No.1 University, this proposal could not be considered. 5. The Respondent No.1 University, on the same date viz. 30th June 2026, addressed a communication to the Respondent No.3 State, Mamta Kale 2/5
3 904-wp-10636- 2026.doc wherein they referred to the seven new courses to be started by the Petitioners’ Law College vide its proposal and state that this proposal had not been sent by the Respondent No.1 University prior to the said communication. The Respondent No.1 University, by its communication, had further stated that the Masters of Laws (LL.M.) course was not recommended since the courses B.A. LL.B. and B.B.A. LL.B. had not been recommended in accordance with the Rules of Legal Education-Moratorium 2025, framed by the Bar Council of India and published in the Gazette of India on 13th August 2025, as per letter dated 8th January 2026 of the Hon’ble Section Officer, Higher and Technical Education Department, Government of Maharashtra. 6. The Respondent No.3 State did not consider the proposal of the Petitioners for starting of new courses, which had been forwarded by the Respondent No.1 University on 30th June 2026 and received by Respondent No.3 State on 1st July 2026, being beyond the cut off date of 1st April 2026. 7. Mr. Narvankar, the learned Counsel appearing for the Petitioners, has referred to instances where, after the cut off date, the Respondent No.3 State has considered proposals of Law Colleges and have granted these proposals. Once such instance is a Government Resolution dated 30th July 2026 concerning Jog Educational Trust, Pune.
He submitted that, there was no fault on the part of the Petitioners, in forwarding the Mamta Kale 3/5
4 904-wp-10636- 2026.doc proposal for starting of new courses, and it was due to the lapse on the part of the Respondent No.1 University in forwarding these proposals of the Petitioners to the Respondent No.3 State that the proposals could not be sent vide the prior communication dated 18th June 2026 issued by the Respondent No.1 University to the Respondent No.3 State. 8. The learned Counsel has also referred to the fact that the Moratorium, which was a reason for not recommending the Petitioners’ proposal by the Respondent No.1 University, had been relaxed by the Respondent No.2 Bar Council of India, and which has thereafter been withdrawn in March 2026, and, therefore, the Respondent No.1 University could have forwarded the proposal of the Petitioners at an earlier date. 9. The learned AGP appearing for Respondent No.3 State, on instructions, states that the proposal of the Petitioners for starting new courses will be considered by the Respondent No.3 State, in accordance with law, within a period of 10 days from today, viz., on or before 4 th September 2026. The statement is accepted. 10. Mr. Prasad Gajbhiye, the learned Counsel appearing for Respondent No.2 BCI, states that the portal of the BCI for uploading of approvals of the State in so far as new divisions / new courses are concerned, will be opened for a period of 15 days either by today or tomorrow. The statement is accepted. 11. The Respondent No.1 University shall, in the event Respondent Mamta Kale 4/5
5 904-wp-10636- 2026.doc No.3 State grant its approval to the Petitioners’ proposal for starting of new courses, within a period of three days from grant of such proposal, approve the same and the Petitioners shall accordingly take necessary steps for uploading the approvals on the portal of the Respondent No.2 BCI. 12. The Writ Petition is accordingly disposed of in the above terms with no order as to costs. [FIRDOSH P. POONIWALLA, J.]
[R.I. CHAGLA, J.] Mamta Kale 5/5