1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 6289 OF 2010 Sant Bhanudas B.Ed. College run by Dhanwantari Shikshan Va Samajik Pratisthan, Plot No.40, Village Parva, Tq. & District Parbhani, Through it's President, Shri Hanumant s/o Rambhau Jadhawar, Age 52 years, Occu. Service, R/o Jadhawar Building, Near `Trimurti' Hospital, Wadgaon (Bk), Survey No.64, Pune - 41 ..PETITIONER VERSUS 1. The State of Maharashtra, Through The Secretary, Higher & Technical Education, Mantralaya, Mumbai - 32 2. Swami Ramanand Teerth Marathwada University, Teerthpuri, Nanded, Through it's Registrar 3. Director of Higher Education, Maharashtra State, Mumbai ..RESPONDENTS Mr K.D. Bade Patil, Advocate for the petitioner; Mrs A.V. Gondhalekar, A.G.P. for respondents no.1 & 3; Respondent no.2 served. CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 11th August, 2010 2 ORAL JUDGMENT [ PER P.V. HARDAS , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India the petitioner prays for issuance of a writ of mandamus directing the respondents to forthwith grant necessary permission and affiliation to the petitioner's institute for starting the new B.Ed. college from the academic year 2010-11, in view of the recognition order granted by the National Council for Teachers Education and further be directed to allot the students for the academic year 2010-11. 3. It appears that the petitioner is a duly registered trust, registered under the provisions of the Bombay Public Trusts Act and the Societies Registration Act. In order to seek permission for opening of a new B.Ed. college, the petitioner submitted an application to the National Council for Teachers Education (NCTE). By order dated 18/26.11.2008 the NCTE granted recognition order and accordingly the petitioner undertook the preparations for starting of the new B.Ed. college. The petitioner has invested huge funds amounting to Rs.50 Lacs in the infrastructural 3 facilities required for starting of the B.Ed. college. Despite the recognition order granted by the National Council for Teachers Education, the respondent - State has not allotted the students and has also not granted affiliation to the petitioner institute. 4. Shri K.D. Patil, learned Counsel for the petitioner has invited our attention to the judgment of the Supreme Court in State of Maharashtra vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & ors, 2006 AIR SCW 2048. In the aforesaid judgment the Supreme Court held that the final authority to grant/refuse permission for starting a new B.Ed. college or allowing increase in the intake capacity lies in the National Council for Teachers Education (NCTE). State Government/Union Territory cannot, therefore, refuse permission on the basis of any State Act or policy consideration. The learned Counsel for the petitioner has further invited our attention to the series of orders passed by this Court relying upon the judgment of the Supreme Court in State of Maharashtra vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya (supra). 4 5. For the reasons stated in the aforesaid orders, we allow this petition and make Rule absolute in terms of prayer clause (B) to the petition with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp6289.10