1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1942 OF 2010 Shri Mangal Murti Bahuddeshiv Krida Mandal Parolas’ Shri Raje Chhatrapati Sambhaji B. Ed. College ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mr. A.M. Karad, advocate for the petitioner Mr. V.H. Dighe, A.G.P. for respondent No. and 3. ..... CORAM: A.M. KHANWILKAR & S.S. SHINDE, JJ. DATED: 10TH MARCH, 2010 PER COURT:- 1 Heard. 2 Rule. By consent, Rule made returnable forthwith. Counsel for the respondents waives notice. 3 The principal grievance in this petition is that the NCTE has granted recognition in favour of the petitioner institution but the 2 respondent University has declined to grant affiliation to the said institution. Whether it is open to the University to take such stand, this position is no more res-integra, as the Apex Court in the case of State of Maharashtra Vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Ors. reported in 2006 AIR SCW 2048 and more particularly para 78 of the said decision, has authoritatively answered this controversy. 4 In the circumstances, following the exposition of the Apex Court in the said decision, we allow this petition in terms of prayer clause "B", "C" and "D", which reproduced as follow: “(B) To quash and set aside letter dt. 29.1.2010 issued by the Respondent No.2-North Maharashtra University, Jalgaon. (C) To hold and declare that in view of recognition order issued by NCTE dt. 18/26.11.2008 the Respondent No.2- North Maharashtra University Jalgaon is under obligation to grant affiliation to the B.Ed. course run by the petitioner institute. (D) By issuing appropriate Writ, the Respondents be directed to allot students to the petitioner institute in B.Ed. Course in view of recognition order granted by the NCTE.” 3 5 It is made clear that the petitioner will admit the students to the course only from the ensuing academic year i.e.2010-2011. The assurance, so given by the petitioner through counsel, is accepted. The University will have to grant affiliation subject to fulfillment of other formalities by the petitioner institute. 6 Petition disposed of on the above terms. Rule made absolute. ( S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) rlj/