Bombay High Court
SHREE SANT SHIROMANI NAMDEV MAHARAJ CHARITABLE TRUSTversusMAHARASTHRA UNIVERSITY OF HEALTH SCIENCES THR ITS REGISTRAR AND ANOTHER
- Disposal
- Disposed Off
Holding
Since the petitioner is prepared to file a fresh application under Section 73, the Court disposed of the petition and directed the university to grant a hearing and decide on any such application.
Summary
The Shree Sant Shiromani Namdev Maharaj Charitable Trust, a nursing college, filed a writ petition challenging the MUHS's order dated 01.10.2025 that rejected its application for continuation of affiliation for the 2025‑2026 academic year without granting a hearing, and mistakenly classifying the college as offering physiotherapy. The petitioner argued that Section 73 of the Maharashtra University of Health Sciences Act, 1998 requires a hearing before such a rejection. The university contended that the earlier litigation concerned permanent withdrawal of affiliation, and that any fresh application for recognition must be filed under Section 73. The petitioner indicated willingness to file a fresh application and sought assurance of a hearing. The Court held that, given the petitioner's intention to file a fresh application, it was unnecessary to examine the validity of the earlier order and directed the university to entertain the fresh application, provide a hearing, and decide within four months. The petition was therefore disposed, allowing the petitioner to re‑apply within two weeks.
Issues considered
- Whether the order rejecting the petitioner's application for continuation of affiliation without a hearing violates Section 73 of the MUHS Act, 1998
- Whether the petitioner must be compelled to file a fresh application for recognition
Legislation cited
Subjects
- affiliation
- nursing college
- MUHS Act
- Section 73
- hearing
- fresh application
- writ petition
- administrative law
Judgment
35-WP-11620-2025.doc
Digitally signed
by HARISH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HARISH VITHAL
VITHAL CHAUDHARI
CHAUDHARI Date:
CIRCUIT BENCH AT KOLHAPUR
2026.08.22
13:01:37 +0530 CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11620 OF 2025
Shree Sant Shiromani
Namdev Maharaj Charitable Trust ...Petitioner.
Versus
Maharasthra University Of Health Sciences
Thr Its Registrar And Another ...Respondents.
——————
Mr. Abhijit Dilip Kulkarni a/w Abhay A. Jadhavar for the Petitioner.
Mr. Sachindra B. Shetye (Through V. C.) a/w Mr. Pruthvi Bendke for Respondent
No. 1
Mr. Abhijeet Naik, AGP for Respondent No.2-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : August 21, 2026.
P. C. :
1. By the present petition, the challenge is to the order of
01.10.2025, which rejects the petitioner’s application seeking
continuation of ailiation for the nursing programs for the academic
year 2025–2026.
2. The contention of learned counsel appearing for the petitioner is
that without afording an opportunity of hearing to the petitioner as
mandated by Section 73 of the Maharashtra University of Health
Sciences (MUHS) Act, 1998, the application for continuation of
ailiation has been rejected. He would further point out the order of
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35-WP-11620-2025.doc
08.08.2025 in an earlier round of litigation, where this Court had
directed inspection to be carried out by the MUHS and, based on the
outcome, directed the petitioner to make a fresh application for the
ensuing academic year. He would further point out that the impugned
order 01.10.2025 erroneously considers the petitioner’s college as
ofering courses in Physiotherapy , whereas the petitioner’s college is a
Nursing college. He submits that as no opportunity of hearing was
granted, an erroneous order has been passed.
3. Per contra, Mr. Shetye, learned counsel appearing for respondent
No. 1, would submit that in the earlier round of litigation, the challenge
was to the permanent withdrawal of the ailiation and therefore, the
application which was required to be iled was for fresh recognition
under Section 73 of the MUHS Act and not an application for
continuation of ailiation. He submits that in event, a fresh application
is iled, Respondent No. 1 will consider it in accordance with law.
4. Upon a query by this Court, Mr. Kulkarni learned counsel for the
petitioner submits that a fresh application will be iled under Section 73
of the MUHS Act and if any adverse order is inclined to be passed
against the petitioner, an opportunity of hearing be granted.
5. As the petitioner has shown an inclination to apply for fresh
recognition, it is not necessary to go into the validity of the order of
01.10.2025. Mr. Shetye has rightly pointed out that the impugned order
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itself states that in event the petitioner desires, a fresh application can
be submitted.
6. In view thereof, the petition is disposed of by permitting the
petitioner to ile a fresh application for recognition within a period two
weeks. In event such an application is iled, the respondent No. 1 to give
an opportunity of hearing to the petitioner and pass appropriate order
within a period of four months.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
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