1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 2897 OF 2010 Asmita Mahila Bahu Uddeshiya Sanstha, Jalgaon, Having its office at 25, Prashit, Yashwant Colony, Ring Road, Jalgaon 425 001 Through its President Smt. Asmita Nityanand Patil .. PETITIONER. VERSUS 1) The State of Maharashtra, Through Principal Secretary, Higher and Technical Education, Mantralaya, Mumbai-32. 2) The North Maharashtra University, Jalgaon through Vice Chancellor and/or Registrar. 3) The Director of Higher Education, Maharashtra State, Central Building, M.S., Pune ..RESPONDENTS ... Shri S.T. Shelke, Advocate for Petitioner. Shri N.B. Khandare, G.P. for respondent Nos. 1 & 3 Shri A.B. Girase, Advocate for respondent No. 2. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ. DATE : 16th April, 2010. ORAL JUDGMENT: (Per S.V. GANGAPURWALA,J.) 2 1. Rule. Rule returnable forthwith. With the consent of the learned counsels for the parties, the petition is taken up for final hearing at the stage of admission. 2. The principal grievance of the petitioner institution is that the NCTE has granted recognition in favour of the petitioner institution but the respondent-University has declined to grant affiliation to the said institution. The Co-ordinate Bench of this Court in Writ Petition No. 1942/2010 in similar set of facts has held that issue raised is no longer res-integra and passed an order allowing the Writ Petition based on the judgment of the Apex Court in the case of State of Maharashtra Vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Ors. Reported in 2006 AIR SCW 2048. In view of the same, as Co-ordinate Bench of this Court has already allowed similar Writ Petition based on the judgment of the Apex Court. We have no hesitation to allow the Writ Petition. 3 3. We allow this petition, in terms of prayer clause ‘B’ which is reproduced below : “ (B) Issue a Writ of mandamus or a writ in the nature of mandamus or a direction in the like nature, thereby directing the respondents to forthwith grant necessary permission and affiliation to the B.Ed. College of the petitioner, namely Sau. Sumantai Patil B.Ed. College at Pachora, Dist. Jalgaon as per the recognition order of NCTE at Exhibit-A to run the B.Ed. Course for the academic year 2010-2011. 4. The University will have to grant affiliation subject to fulfillment of other formalities by the petitioner institute. The Writ Petition is allowed on the above terms. Rule made absolute, there shall be no order as costs. [S.V. GANGAPURWALA, J ] [ P.V. HARDAS, J ] SDM* WP2897.10 (J)