gopi 1 wp-lodg-1368-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LODGING NO.1368 OF 2011 Sadhana Education Society ..Petitioner Vs. University of Mumbai & Ors. ..Respondents Mr. Mihir Desai, for the petitioner. Mr. Rui Rodrigues for respondent No.1. Mr. N.D. Pol i/b. Uday P. Warunjikar for respondent No.2. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 25 July 2011 PC: What is challenged in this petition under Article 226 of the Constitution is the decision of the respondent No.1-University of Mumbai refusing to grant the petitioner society affiliation for running the B.Ed. college. 2. The learned Counsel for the petitioner subits that in view of the recognition granted by NCTE the respondent University has no authority to refuse to grant affiliation. 3. On 21 July 2011 the University had placed on record the report of the Local Enquiry Committee indicating reasons for refusing to grant affiliation. The substantial ground was that the petitioner society is running the B.Ed. college in the same premises where the petitioner is running the D.Ed. course. gopi 2 wp-lodg-1368-11.sxw 4. The petitioner had thereupon contended in the rejoinder affidavit that the premises in which D.Ed. course is being run are altogether different than the premises in which B.Ed. colleges is proposed to be run. In view of the above submission we had directed the University to send Local Enquiry Committee to verify the petitioner’s claim. 3. Mr. Rui Rodrigues, the learned Counsel for the respondent University has placed on record the report dated 23 July 2011 of the Local Enquiry Committee comprising of two Principals and one Professor. The Local Enquiry Committee has given a finding that the representative of the petitioner society did not show separate college premises for D.Ed. and B.Ed. and intends to run B.Ed. College in the same premises where D.Ed. college is presently run. The Local Enquiry Committee has given cogent reasons for coming to the conclusion that the same premises where D.Ed. college is run were shown to the Committee where the petitioner society proposes to run the B.Ed. College. The other findings given by the committee about inadequate Library room and inadequate built up area as against the claim made by the petitioner society are sufficient to refuse to entertain this petition. The petition is, accordingly dismissed. 4. In view of the reasoned decision of the University as well as this order rejecting the petition, the petitioner shall not admit any students to the B.Ed. Course without first getting affiliation from the respondent University. 5. The present case is an eye opener indicating why a University should not be directed as a matter of course to grant affiliation merely on the basis that NCTE has granted approval to that college. gopi 3 wp-lodg-1368-11.sxw 6. The petitioner shall produce a copy of this order before the N.C.T.E. in case the petitioner society chooses to approach the N.C.T.E., for renewal/continuation of the approval for the next academic year. CHIEF JUSTICE GIRISH S. GODBOLE, J.