1 wp 4980.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4980 OF 2011 Pravara Rural Education Society's Pravara Rural College of Education (M. Ed.) at Pravara Nagar, Tq. Rahata, Dist. Ahmednagar, Through its Secretary/Principal, Sau. Vidya W/o Pandurang Waje, Age : 50 Years, Occu. : Service, R/o Loni, (Bk), Tq. Rahata, Dist. Ahmednagar. .. .. Petitioner Versus 1. The State of Maharashtra, Through the Secretary, Higher Education Department, Mantralaya, Mumbai. 2. The Director of Education (Higher Education), Maharashtra State, Pune. .. .. Respondents Shri V. D. Hon, Advocate for the Petitioner. Shri V. G. Shelke, A.G.P. for the Respondent/State. CORAM : S. V. GANGAPURWALA, J. DATE : 01ST AUGUST, 2011. 2 wp 4980.11 ORAL JUDGMENT : . At the outset I made a query with Shri Hon, the learned counsel for the petitioner as to the tenability of the petition before the Single Judge. Shri Hon, the learned counsel pointed out the judicial order passed by the Division Bench of this Court on 20th July, 2011, in the present matter, wherein the Division Bench has said that the matter would lie before the Single Judge, as in the opinion of Division Bench, the order impugned is passed by quasi-judicial authority. 2. In view of the judicial order passed by the Division Bench, I have heard the matter. 3. Rule. Rule returnable forthwith. With the consent of parties taken up for final hearing. 4. The issue involved in the present writ petition is no longer res-integra, in view of the decision given by the Division Bench of this Court in Writ Petition No. 5254/2009 dated 07.05.2010 to which I was a party. So also another decision of the Division Bench in Civil Application No. 7197/2009 in Writ Petition No. 4897/2008. In view of the said judgments, it is clear that the 3 wp 4980.11 Devision Bench of this Court has consistently held that it is incumbent upon the State Government to keep certain percentage of seats which can be called as management quota to be filled in by management while rest of the seats to be filled in on the basis of the merits. It was further held that the students who are admitted in management quota by the management must have passed the common entrance test conducted by the management or by the State. 5. In view of the above, I hereby hold and declare that the petitioner is entitled to fill in 20% seats as management quota for the M. Ed. course and the said students admitted in the management quota shall only be the students who have passed the Common Entrance Test conducted by the State Government or by the Association of CAP. 6. The Rule is thus, made absolute on the above terms with no order as to costs. Sd/- [ S. V. GANGAPURWALA, J. ] bsb/Aug. 11