1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3905 OF 2010 WITH WRIT PETITION NO. 3934 OF 2010 WITH WRIT PETITION NO. 3942 OF 2010 Mr. V.D.Hon, Advocate for petitioners. Mr. S.S.Bora, Advocate for respondent. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE : 07/05/2010 PER COURT : 1. These petitions have circulated before us for speaking to minutes. 2. Mr. Hon, learned counsel for the petitioners states that order in these petitions came to be passed by relying on similar order passed in Writ Petition No. 701 of 2010 and Writ Petition No. 705 of 2010. However, the observations made by the learned Judges in the aforesaid Writ Petitions remained to be incorporated in this order. In that light of the matter, therefore, correction is sought for in this order. 3. We have learned counsel for the parties and according to us there is some merit in the submission of the learned counsel for the petitioner. 4. We accordingly add the following paragraph in our order : 2 “ The negative recommendation made by the State Govt. when in fact it is well settled position that N.C.T.E. has to decide the issue objectively on its own and the recommendation of the State Govt. can have no bearing on such decision making process. Counsel for the petitioner has placed reliance on the Judgment of the Apex Court in the case of State of Maharashtra V/s Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and others - 2006 (9) – SCC - 1 ”. 5. Necessary correction be carried out in our order dated 3/9/2010 and fresh certified copy be issued to the parties. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 3905,3934,3942.10