-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2862 OF 2008 WRIT PETITION NO. 2862 OF 2008 WRIT PETITION NO. 2862 OF 2008 Maharashtra Vinanudanit Adhayapak Mahavidyalaya Sansthachalak Association .. Petitioner. V/s. 1. The State of Maharashtra, through Director of Higher Education, Pune and others. .. Respondents. --- Mr.Subramaniam with B.B.Saraf i/by S.R.Waghmare for the Petitioner. Mr. V.S.Masurkar, GP for the Respondent No.1. Mr. Pramod Pawar for the Respondent No.3. --- CORAM : D. K. DESHMUKH & CORAM : D. K. DESHMUKH & CORAM : D. K. DESHMUKH & N.D.DESHPANDE, JJ. N.D.DESHPANDE, JJ. N.D.DESHPANDE, JJ. DATED : 29TH APRIL, 2008. DATED : 29TH APRIL, 2008. DATED : 29TH APRIL, 2008. P.C. : P.C. : P.C. :- . Rule. Rule made returnable forthwith. Heard finally by consent of the petitioner and respondent Nos.1 and 3. 2. After having gone through the judgements of the Supreme Court, one in the case of Islamic Academy of Islamic Academy of Islamic Academy of Education vs. State of Karnataka (2003) 6 Supreme Court Education vs. State of Karnataka (2003) 6 Supreme Court Education vs. State of Karnataka (2003) 6 Supreme Court Cases 697 Cases 697 Cases 697 and other in the case of P.A.Inamorata & Ors. P.A.Inamorata & Ors. P.A.Inamorata & Ors. vs. State of Maharashtra (2005) 6 Supreme Court Cases s. State of Maharashtra (2005) 6 Supreme Court Cases s. State of Maharashtra (2005) 6 Supreme Court Cases 537, 537, 537, we find that the Committee could not have said that unless both the Associations agree, the Committee will -: 2 :- not permit any of the Association to hold CET. In our opinion, the appropriate order would have been that the Committee to examine the cases of both the Association and authorise one of them who is found suitable by the Committee to conduct the CET. 3. In this view of the matter, therefore, the order of the Committee impugned in this petition is modified. The Committee is requested to examine the cases of both the Associations in accordance with law and authorise one of them, who may be found suitable by the Committee in accordance with law, to conduct CET. To facilitate that we direct the petitioner and the respondent No.3 to appear before the Committee on 5th of May, 2008. The Committee shall grant an opportunity of being heard to them and pass final order as expeditious as possible, within a period of two weeks from 5th of May, 2008. 4. We have made this order without issuing a formal notice to the respondent No.2. Therefore, in case the respondent No.2 feels aggrieved by this order, the respondent No.2 will be at liberty to approach this court for modification or cancellation of the order. 5. Petition is disposed of. (D.K. DESHMUKH,J.) -: 3 :- (N.D.DESHPANDE,J.)