1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5180 OF 2010 Shri Baliraja Shikshan Sanstha Someshwar's Shri Rajershi Shahu College of Education (B.Ed) Khasra No. 151/2, Prthpimpalgaon Road,Palam, Dist. Parbhani, through its Secretary, Keshav S/o Wamanrao Ingole, Age : 41 Years, Occu. : Secretary, Shri Baliraja Shikshan Sanstha Someshwar's College of Education (B.Ed), R/o Palam, Dist. Parbhani. .. .. Petitioner Versus 1. The State of Maharashtra, Through the Secretary, Higher and Technical Education, Mantralaya, Mumbai - 32. 2. Swami Ramanand Tirth Marathwada University, Nanded, Through its Registrar. 3. Director of Higher and Technical Education, Maharashtra State Mumbai. 4. Maharashtra Vina Anudan Adhyapak Mahavidyalaya Sanstha Chalak Association, Plot NO. 8, Opposite, M. U. International School, N-12, CIDCO, Aurangabad. .. .. Respondents 2 Shri A. M. karad, Advocate for the Petitioner. Mrs. A. V. Gondhalekar, A.G.P. for Respondent No. 1 and 3. Shri R. V. Ghuge, Advocate for the Respondent No. 2. Shri A. S. Bayas, Advocate for the Respondent No. 4. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 15TH JULY, 2010. JUDGMENT [Per N. D. Deshpande, J. ] : . Heard both the parties. 2. Rule. Rule returnable forthwith. With the consent of learned counsel for parties this petition is heard finally at the stage of admission. 3. This petition under Article 226 of the Constitution of India impugns the letter dated 17.05.2010 issued by the respondent No. 2 and further prays for directing the respondents to forthwith grant necessary permission and affiliation to the petitioner's institute for starting a new B. Ed. college from the academic year 2010-2011, in view of the recognition granted by the National Council for Teachers Education and direct the respondents to allot the students for the academic year 2010-2011 to run the B. Ed. course. 3 4. The main grievance in this petition is that NCTE has granted recognition in favour of the petitioner institution, however, the respondent No. 2/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. Learned counsel for the petitioner has also placed reliance on the judgment of this Court in Writ Petition No. 1943 of 2010 dated 10th March, 2010. (The copy of the judgment annexed with the petition). 5. In the circumstances and in the light of the decision of the Apex Court (Supra), we are inclined to allow this petition in terms of prayer clause 'A' and also in terms of prayer clause 'B' which are reproduced as follows : "(A) By issuing appropriate Writ and or directions the letter dated 17.05.2010 issued by the Respondent No. 2-Swami Ramanand Tirth University, Nanded be quashed and set aside." "(B) This Hon'ble Court be pleased to issue 4 Writ of Mandamus or a Writ, order or direction in the nature of Mandamus thereby directing the Respondents to forthwith grant necessary permission and affiliation to the petitioner's institute for starting a new B.Ed. college from the academic year 2010-2011, in view of recognition order granted by the National council for Teachers Education and further be directed to allot the students for the academic year 2010-2011 to run the B. Ed. course." 6. It is also made clear that the petitioner will admit the students to the course only from the ensuing academic year i. e. 2010-2011. The assurance given by the petitioner through counsel, is accepted. We clarify that the above directions would mean that the appropriate authority shall allot the students to the petitioner institute for the academic year 2010-2011. The university will have to grant affiliation subject to fulfillment of other formalities by the petitioner institute. 7. Thus, the petition is disposed of on the above terms. Rule is made absolute. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/July 10