Bombay High Court
RENUKADEVI SHIKSHAN PRASRAK SANSTHA THROUGH ITS DIRECTOR I.R.CHAUDHARIversusTHE UNION OF INDIA AND ORS.
- Disposal
- DISPOSED OFF
Holding
The petition is disposed of as infructuous because the proposed opening of the D.Ed college for 2007‑08 is no longer viable.
Summary
The Renukadevi Shikshan Prasrak Sanstha filed a contempt petition seeking recognition to open a D.Ed college for the 2007‑08 academic year. The High Court directed that the petitioner must file an appeal within four weeks, after which the Appellate Authority must provide the State Government’s comments and allow the petitioner to raise objections, and it may not dismiss the appeal solely on a negative recommendation. However, the Court observed that the proposal pertained to the 2007‑08 year and, due to the lapse of time, the subject matter had become infructuous. Consequently, the petition was deemed disposed of. The order also clarified the procedure for the Appellate Authority in handling such appeals.
Issues considered
- What procedural steps must the petitioner follow in appealing the contempt order?
- Whether the petition remains viable given the elapsed time since the proposed academic year.
Subjects
- contempt petition
- recognition of educational institution
- infructuous petition
- procedural direction
- appellate authority
- lapse of time
Judgment
2026:BHC-AUG:42536
1 905 CONTEMPT PETITION NO. 292 OF 2011
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
905 CONTEMPT PETITION NO. 292 OF 2011
IN WP/5050/2009
RENUKADEVI SHIKSHAN PRASRAK SANSTHA THROUGH ITS
DIRECTOR I.R.CHAUDHARI
VERSUS
THE UNION OF INDIA AND ORS.
...
Adv. Deepali Nikalje h/f Adv. A. G. Talhar, Advocate for the
Petitioner
Adv. M. N. Ghanekar, AGP for Respondents-State
Adv. N. D. Sonawane h/f Adv. S. S. Bora, Advocate for respondent
No. 2.
...
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATED : 11/09/2026
ORDER ( Per Vaishali Patil-Jadhav, J. ) :-
. In the order under contempt, this Court has directed that in
case the petitioner files an appeal within four weeks from the date
of order, the Appellate Authority shall furnish the comments
offered by the State Government to the petitioner, who may file his
objections, if any. The competent authority then shall pass order
either declining or granting recognition to the petitioner-institution
in accordance with law and its policy. The Appellate Authority shall
not dismiss the appeal on the ground that the State had forwarded
negative recommendation.
2 905 CONTEMPT PETITION NO. 292 OF 2011
2. The proposal of the petitioner was for opening D.Ed college for
the academic year 2007-08.
3. Since the proposal was for the year 2007-08, with the
passage of time, the subject matter of the petition has become
infructuous and the same stands disposed of.
( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )
shivani/
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