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1996 DIGILAW 53 (BOM)

Gorakash s/o. Uttamrao Kudake and anothers v. State of Maharashtra and others

1996-02-02

N.P.CHAPALGAONKER, V.K.BARDE

body1996
JUDGMENT - N.P. CHAPALGAONKER, J. :---First petition is by the Institution and the second petition is by the students studying therein. Since relief claimed in both the petitions is inter-related and raise common questions of fact and law, they are being disposed of by this common order. 2. Jagruti Shikshan Prasarak Mandal, an educational institution wanted to start Kala Adhyapak Mahavidhyalaya (Art Teachers' Training College) at Patoda in Beed District. The Art Institution was to impart training for Art Teacher's Diploma. An application was submitted on 25th December, 1994 for permission to start the art institution in the year 1995-96. 3. As per the rules and the procedure prescribed for recognition, it appears that by the end of February of that year, the authorities should have informed about the acceptance of the prayer for recognition or its refusal to the institution. Though the rules are not worded in clear terms, February of that year surely indicates the year preceding the year for which the recognition is asked for. Needless to say that every management will have to be informed beforehand whether they should start institution or they should not. Admittedly, in February 1995, nothing was intimated to the petitioner-Institution. There is a letter by the Inspector of Drawing and Craftwork, Bombay asking the petitioner to come at Aurangabad. It is the duty of the authority to visit the actual place wherein the art institution is to be started and look for the amenities which are necessary for the students. In the meantime, sometime in May 1995, State Government prescribed fees of Rs. 3,000/- for recognition of Art Institution. This fees was subsequently deposited. As late as in the month of September 1995, petitioner-Society was informed that their request for the recognition of Art Institution at Patoda has been rejected. 4. The rules require that such a letter should be sent by the Registered Post. Purpose is obvious, that no management should make a grievance that they have not received the communication. Affidavit-in-reply filed shows that the letter was sent by ordinary post. We direct the authorities to comply with the rules strictly. Despite, the fact remains that the art institution was not recognised before it was started. Rules prescribe that no art institution should be started before it is recognized. Affidavit-in-reply filed shows that the letter was sent by ordinary post. We direct the authorities to comply with the rules strictly. Despite, the fact remains that the art institution was not recognised before it was started. Rules prescribe that no art institution should be started before it is recognized. We also direct the State Government to prescribe form of admission of the students wherein specifically at the top of the form, letter No. and date of the recognition granted by the State Government or authority to that art institution should be mentioned and students are assured that this institution is a recognized art institution. If this is mentioned, then possible misrepresentation to the students may be avoided. Cases may occur wherein students may lose valuable year of their life merely because they were under the impression that the institution is a recognized one. State Government is bound to take due care that such institutions do not crop up and students are not misled. Here, in the petition of the students i.e. Writ Petition No. 375 of 1996, there is no averment that the students were given to understand that the art institution is already recognized. Therefore, this is not a case of misrepresentation. Therefore, in both the petitions, we are not inclined to grant relief which was mainly prayed. However, looking to the facts of the case, we wish to give certain directions in respect of Shri Uttamrao Patil Kala Adhyapak Mahavidhyalaya, Patoda-the proposed art institution so that they may not lose one more year. 5. We direct the respondents to accept fresh application form for the year 1996-97 and if submitted within a period of 15 days from today, waive the requirement that the application form should be submitted in the month of December preceding the year for which recognition is asked. Such application form shall be accompanied by the required material including the fees for recognition. After the receipt of the application form, the respondents should send a responsible officer to visit Patoda at site of the proposed art institution and inspect it and then submit a report about the financial position, teachers and other amenities like building including library. The respondents should thereafter take a decision on or before 30th April, 1996 and the result thereof should be intimated in the first week of May 1996 by registered post. The respondents should thereafter take a decision on or before 30th April, 1996 and the result thereof should be intimated in the first week of May 1996 by registered post. We direct the petitioner to print on the application form No. and date of the order of respondent of recognition to their art institution in the event recognition is granted and admit the students only after the recognition is received. 6. In special circumstance of this case, as we have noted that the authorities have acted lethargically, we are giving this concession by re-scheduling the programme of the recognition but it shall not be a precedent for other institutions and they must comply with the requirement to submit the form in time and the authorities should also intimate before the end of February of that year (meaning thereby the year before starting of the educational year for which recognition is asked for). With these directions, writ petition stands disposed. No order as to the costs. Petition disposed with directions.