Bombay High Court
TRIMURTI SHIKSHAN PRASARAK MADAM AND ANRversusSAVITRIBAI PHULE PUNE UNIVERSITY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the State to consider and approve the petitioners' proposals for the new law courses within a week, effectively granting the relief sought.
Summary
The petitioners, Trimurti Shikshan Prasarak Mandal and another, applied to Savitribai Phule Pune University for approval of seven new law courses on 30 September 2025. The university failed to forward the application to the State (Respondent No.3) within the statutory deadline, and only forwarded a proposal for a new division, omitting the courses. The State approved the new division on 30 June 2026 but could not consider the courses because the proposal arrived after the cut‑off date of 1 April 2026 and was said to be barred by a Bar Council of India moratorium. The petitioners argued that the university’s delay and the subsequent relaxation and withdrawal of the moratorium justified consideration of the courses. The Court directed the State to consider and approve the courses within a week and ordered the university to upload the approvals on the Bar Council portal within three days of such approval, disposing of the writ petition without costs.
Issues considered
- Whether the State must consider and approve the petitioners' proposals for new law courses despite the proposals being received after the statutory cut‑off date.
- Whether the Bar Council of India's 2025 moratorium on certain law courses, later relaxed and withdrawn, bars the approval of the petitioners' courses.
- Whether the university's failure to forward the application timely justifies relief to the petitioners.
Legislation cited
- Maharashtra Public Universities Act, 2016 — s. 109(3)(g), 109(4)(d)
Subjects
- Writ petition
- Public university
- Course approval
- Bar Council of India
- Moratorium 2025
- Cut‑off date
- Administrative delay
- Maharashtra Public Universities Act
- Legal education regulation
- Higher education
Judgment
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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.
-----------------
Digitally
signed by
MAMTA
MAMTA AMAR
AMAR KALE
KALE Date:
2026.08.27
19:01:18
+0530
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
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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 30 th 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. 18 th
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. 30 th
June 2026, addressed a communication to the Respondent No.3 State,
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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 30 th June 2026 and received by
Respondent No.3 State on 1st July 2026, being beyond the cut off date of 1 st
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
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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
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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.]
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