pvr 1 WP4670-10 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4670 OF 2010 1.Optometric Education Society, through its Chairperson & Anr. ...Petitioners vs. 1.The State of Maharashtra & Anr. ...Respondents --- Mr.Mihir Desai, for Petitioners. Mr.S.R.Nargolkar, AGP for Respondent no.1. Mr.Sachin Shetye, for Respondent no.2. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 30th September, 2010 P.C.: 1. Rule returnable forthwith. Heard finally by consent of parties. The petitioners are desirous of starting course for post graduate pvr 2 WP4670-10 diploma in Optometry. It wanted to get affiliation from the University which is outside Maharashtra. They could not have done so without obtaining consent of Maharashtra University of Health Sciences which is constituted under the Maharashtra Universities of Health Sciences Act, 1998. Therefore, they made an application to the University. That application has been rejected by Communication dated 30.3.2010. That communication reads as under:- With reference to the subject cited above, I am directed to inform you that, as per section 6(1) of the MUHS Act 1998, no college in the State of Maharashtra imparting education in Health Sciences shall, save with the consent of the University and the sanction of Government, be associated in any way with or seek admission to, any privileges of any other University in India or abroad. In view of the above provision in the said Act, No Objection Certificate cannot be issued by this University. pvr 3 WP4670-10 Perusal of the above communication shows that it suffers from total non application of mind. Section 6 of the Maharashtra University of Health Sciences Act,1998 contains prohibition to any college in Maharashtra imparting education in health sciences, getting associated in any way with or seeking admission to, any privilege of any other University in India or abroad. But there is an exception to this and the exception is that after obtaining consent of Health University it can be done. Therefore, an application was made by the petitioners for consent of Health University. The Health University, however, instead of considering that application from that perspective, rejected it relying on the provisions of Section 6 of the Act. Really speaking one of the things done by Section 6 of the Act is also to vest power in the University to give consent or no objection to the college who seeks admission to any privilege of any other University in India or abroad. It was pvr 4 WP4670-10 that power which was invoked by the petitioners. Therefore, it was for the Health University to consider that application of the Petitioners from that point of view and make appropriate order. As observed above, the order impugned in the petition suffers from total non application of mind and therefore, it will have to be set aside. In our opinion, the following order would meet the ends of justice:- Order dated 30.3.2010 is set aside. The matter is remitted back to Health University for denovo consideration and decision in accordance with law and in the light of the observations made above. This shall be done within a period of Eight Weeks from today. Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)