: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7448 OF 2009 1. Principal, Shri Swaqmi Samarth D.Ed. College, Vaibhavwadi, Dist.Sindhudurg & anr. ... Petitioners Vs 1. State of Maharashtra & 2 ors. ... Respondents Mr. Vikram Pai for the petitioners. Mr. Vinay Masurkar, GP with Mr.V.S. Gokhale, AGP, for the respondents. CORAM: S.B. MHASE & R.M. SAVANT, JJ. DATED : 7TH SEPTEMBER, 2009. P.C.: 1. Rule. With the consent of the parties, made returnable forthwith and heard. 2. The petitioner has filed the above Petition under Article 226 of the Constitution of India, seeking a direction to forthwith regularize and give approval to the admission granted to the student at Sr.No.40 viz. Ms. Swati : 2 : Ashok Mohite for the Academic Year 2007-2008. 3. The petitioner No.2 is a Trustee of the Trust known as Dhananjay Seva Samaj, Taluka Vithalwadi, District Sindhudurg, which runs the petitioner No.1 D.Ed. college. The said college has been granted permission and approval with an intake capacity of 50 students. The said college is an unaided college and the seats are, therefore, to be filled in the ratio of 80% from the Centralised Admission Process and 20% of the seats are to be filled by the Management. It is an admitted position that the respondent-State, out of the 40 seats available, sent 39 students and, therefore, there was one seat available from the quota to be filled in by the State. So far as the Management quota is concerned, admittedly 10 seats to be filled in by the Management have been so filled by it. In view of the fact that one seat was remaining vacant after the admission process was completed, the Management took upon itself and filled up the said seat by admitting the said student at Sr.No.40 viz. Ms. Swati Ashok Mohite. The Management sent the examination forms to the appropriate authority so that the student could be issued Hall Tickets. However, insofar as student at Sr.No.40 viz. Ms. Swati Ashok Mohite was concerned, the respondents refused permission to the said student to appear for the said examination for : 3 : the ensuing D.Ed. Examination which is to be commence tomorrow i.e. on 8th September, 2009 at 10.00 a.m. 4. The principal contention urged on behalf of the petitioners is that on account of the fact that the respondents did not send one student, that the Management has filled up the said seat as otherwise, loss would have been caused to the Management if the said seat was to remain vacant as the Management is running the college on non-grant basis. On the other hand, it is fairly submitted by the learned Assistant Government Pleader Shri V.S. Gokhale that though the seat has been filled by the Management after the admission process was over, the least that was expected from the Management was that it should have atleast sought post facto sanction from the respondents for filling up the said 40th seat. The learned Assistant Government Pleader further submitted that the said practice followed by the Managements of various institutions has to be deprecated. 5. Though we find merit in the said submission of the learned Assistant Government Pleader, considering the fact that the State did not send the said 40th student to complete its quota, and also considering the fact that the examination is due tomorrow, in our view, though the conduct of the : 4 : petitioner-Management is required to be deprecated, at the same time, the said 40th student cannot be allowed to suffer for the shortcomings of the Management of not seeking post-facto approval of the State. In that view of the matter, the above Petition will have to be allowed and is, accordingly, allowed in terms of prayer clauses (b) and (c) and also in terms of prayer clause (d) if otherwise the said student is eligible to continue. Needless to add that the respondents to allow the said 40th student Ms. Swati Ashok Mohite to appear for the D.Ed. Examination commencing from tomorrow i.e. 9th September, 2009 at 10.00 a.m. 6. Rule is, accordingly, made absolute in the aforesaid terms. (R.M. SAVANT, J.) (S.B. MHASE, J.)