1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3121 of 2010 Hanuman Shikshan Prasarak Mandal ....Petitioner Vs. State of Maharashtra & ors. ....Respondents None for the petitioner. Mr. Nitesh Bhutekar i/b Uday Warunjikar, advocate for respondent no.2. Mr. Gunjan A. Shah i/b. S.K. Shrivastav & co. for respondent no.3. Mr. S.R. Nargolkar­GP for respondent no.1. CORAM:­ A.M.KHANWILKAR AND R.M.SAVANT, JJ DATED:­ April 20, 2010 P.C. None appears for the Petitioner. The Petition is dismissed for non­ prosecution. 2. Later on, Mr. P.J. Thorat, Advocate for the Petitioner mentioned the matter requesting to recall the order dismissing the petition for non­prosecution on the ground that when the matter was called out, he was busy in some other Court. 3. For the reasons mentioned, order dismissing the Petition for non­ prosecution is recalled. Petition is restored to file to its original number. 2 4. Heard Counsel for the parties. 5. Rule. Rule made returnable forthwith. Counsel for the Respondents waive notice for the respective Respondents. 6. As short question is involved, the Petition is taken up for final disposal forthwith, by consent. 7. By this Petition under Article 226 of the Constitution of India, it is stated that Respondent Nos. 1­3 be directed to issue NOC for granting affiliation to the Petitioner’s Womens B.Ed. College, Sawarde in pursuance to the Order dated 5th November, 2008 issued by the Respondent No. 4 for the Academic Year 2009­10. It is not in dispute that the Respondent No.4 who is the competent Authority to grant recognition to the B.Ed. College has already accorded recognition to the Petitioner’s College. 8. In this view of the matter, the State Government cannot be heard to reject the request of the Petitioners for grant of NOC/permission for granting affiliation to the said College. This issue is no more res integra. It is answered by the Apex Court in the case of State of Maharashtra v/s. Sant Dnyaneshwar Shikshan Shastra Mahavidalaya & ors. reported in 2006 (9) SCC page 1 in particular paras 62­64 & 74 of the said decision. Applying the said legal position, we have no hesitation in allowing this Petition. 9. Accordingly, Rule is made absolute in terms of prayer clause (a). However, it is made clear that the NOC/permission for granting affiliation to the Petitioners College will have to be treated as if having been given for academic year 2010­11 onwards. 3 9. Petition disposed of with no order as to costs. (R.M. SAVANT, J) (A.M.KHANWILKAR, J)