1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1943 OF 2010 Mahila Adhyapak Mahavidayalaya Akshay Seva Pratisthan, Chanai, Tq. Ambejogai ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mr. A.M. Karad, advocate for the petitioner Mr. K.G. Patil, 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", which is reproduced as follows: “(B) This Hon’ble court be pleased to issue 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 the recognition order granted by 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.” 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 3 assurance, so 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. 6 Petition disposed of on the above terms. Rule made absolute. ( S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) rlj/