1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1178 OF 2009 Jai Jagdamba Shikshanshastra ..Petitioner Mahavidyalaya V/s. University of Solapur & ors ..Respondents Mr.R.M.Paranjpe i/b.Mr.Deepak Thakre, Advocate, for the petitioner Mr.R.M.Pethe, Advocate, for respondent No.1 Mr.V.P.Malvankar, Assistant Government Pleader, for respondent Nos.2 & 3 CORAM : S.B.MHASE & R.M.SAVANT, JJ. DATE : 6TH AUGUST, 2009 P.C. . The petitioner has approached this Court with a prayer that respondent No.1  University of Solapur should grant approval for an additional Division of the B.Ed. Course to the petitioner - College for the Academic Year 2008-2009. The University of Solapur in the present matter relying upon Section 83 of the Maharashtra Universities Act ( Hereinafter referred to as said Act ) has rejected the permission, and therefore, the 2 petitioner has approached this Court. 2. It is undisputed that NCTE has granted the first recognition Order to the petitioner on 31st May, 2005, with the intake capacity of 100 students. Accordingly, in the year 2005-2006, the College was opened with the intake capacity of 100 students and the Government of Maharashtra, as per the Rules has allowed the petitioner to admit the students. The petitioner was to complete three years of the opening of the College at the end of the Academic Year 2007-2008. Therefore, in anticipation, it has preferred the application for additional Division as per the Regulations of the NCTE, more specifically Regulation 8(3). Such an application can be made by any Institution for getting the additional intake capacity after completion of the three years. The NCTE has considered the said application of the petitioner and has granted the permission for additional intake capacity by recognition Order dated 31st 3 July, 2008. On the basis of this, the Government of Maharashtra has also granted permission for additional intake to the petitioner of 100 students by its Order dated 16th August, 2008. Accordingly, for the Academic Year 2008-2009, the Government of Maharashtra has allotted the students to the petitioner through the Central Admission Process. However, inspite of the above, University refused affiliation to the additional Division. A reading of Sections 82 and 83(5) of the Maharashtra Universities Act discloses that the power to consider the additional Division is with the State of Maharashtra and the State of Maharashtra has accordingly granted such permission. What we find is that both NCTE and the State of Maharashtra have granted the permission for additional intake to the petitioner. Not only that, but the students have also been allotted to the petitioner through the centralised admission process. Reliance is placed by the learned counsel for the petitioner on the Judgment of the Apex Court in the matter of 4 STATE OF MAHARASHTRA Versus SANT DNYANESHWAR SHIKSHAN SHASTRA MAHAVIDYALAYA AND OTHERS, reported in (2006) 9 SCC in which it is held by the Apex Court that the provisions of Sections 82 & 83 of the said Act have been rendered otiose once the permission is granted by the NCTE. In the present case, apart from the recognition Order by the NCTE, the State of Maharashtra has also granted additional intake of 100 students under Section 82(5) read with Section 83 of the said Act and, therefore, the objections raised by the University and/or refused by the University to grant an affiliation/approval is illegal. The said Course of action is not available to the University. 3. In the facts and circumstances as above, the above Writ Petition is required to be allowed which is accordingly allowed in terms of prayer clause (a). Rule is accordingly made absolute. ( R.M.SAVANT, J.) ( S.B.MHASE, J. ) 5