1 wp162.98.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 162 OF 1998 Prof. Dr. Uttamrao Dhongade and another ..Petitioners Vs. Dist. Vocational Education and Training Officer, Nashik and others .. Respondents Mr. M.V. Limaye i/by R.S. Apte, Sr. Counsel for the Petitioners. Mr. V.S. Gokhale, AGP for Respondent Nos. 1 to 4. CORAM : P.B. MAJMUDAR AND A.A. SAYED, JJ. DATE : 5TH APRIL, 2011. P.C. 1. By way of this petition, the petitioner institution viz. Adivasi Shikshan and Shanshodhan Sanstha, Nashik has prayed for necessary directions to withdraw or cancel the communication dated 22-12-1997 by which admissions given by the petitioner institution to the concerned students were recalled on the ground that the Institution could not have enrolled the students as the Institution was not granted affiliation from the Directorate of Vocational Education and Training. The State Government had granted permission to the institution subject to condition that they will get affiliation 2 wp162.98.sxw from the Directorate of Vocational Education and Training. In the meanwhile, the students who were admitted to the Institution, have completed their course. At the relevant time, they were appeared for examination by virtue of order dated 5th May, 1999. The Division Bench of this Court in its order observed that : "It is made clear that without affiliation, the students could not have been admitted by the Institution, because the permission granted by the State Government was subject to the affiliation by the Director." However, the Division Bench by its order dated 6th July, 1999 further considered the difficulties regarding students who were enrolled in the institution and who have completed the course of studies. The Division Bench accordingly permitted the students to appear for the examination and directions were given to declare their result. The Court also took undertaking from the Chairman of the Institution that the Institution will not admit more students without seeking further order from the Court. 2. The learned Counsel Mr. Limaye for the petitioners submitted that the students who were admitted have already passed examination long back. 3. In our view, since by virtue of the Division Bench students who were 3 wp162.98.sxw allowed to appear for examination as back as in 1999, it can be presumed that by this time the students have completed the education since long, as the Division Bench had directed further that the students shall be issued necessary certificates. In our view, further orders are not required to be passed in this petition and the petition is required to be disposed of with a direction that the students who have already given examination and passed the said examination, necessary certificate be issued to them, if not already issued. The petitioners are also directed further not to admit any students unless proper affiliation is granted by the Directorate of Vocational Education and Training. 4. Subject to what is stated above petition is disposed of. ( A.A. SAYED, J. ) (P.B. MAJMUDAR, J.)