(1) WP 7433.2011+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7433 OF 2011 Kai Kisanrao Dhanve Education Society's Kai Sadhana Patil D.Ed. College, Jalna through Secretary & ors. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS AND WRIT PETITION NO.7456 OF 2011 Gadgebaba Gramin Vikas Pratishthan Kandhar's Yeshwantrao Chavan D.Ed. College, Bachoti through its Secretary PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. S.S. Thombre, Advocate for the Petitioners. Mr. V.H. Dighe, A.G.P. for the Respondent-State. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 13TH OCTOBER, 2011 ORAL ORDER: 1. By way of present Petitions, the petitioners are praying for writ of mandamus, directing the respondent-authorities and particularly the respondent nos. 1 and 2, to allot the seats for the D.T.Ed. course for the academic year 2011-2012. (2) WP 7433.2011+1 2. Shri Thombre, learned counsel for the petitioners, relying on the order passed by the Apex Court dated 26.7.2010, submits that the Apex Court vide the said order had itself permitted the petitioners to make application, seeking recognition and affiliation in accordance with law. It is further submitted that however, the Apex Court has directed that till the petitioners comply, the State Government or any other competent authority, shall not allot the students in the petitioners' colleges. Shri Thombre, further submits that pursuant to these orders passed by the Apex Court, the facilities available with the petitioners were examined by the competent authority and it was found that the petitioners comply with the necessary requirements. It is therefore submitted that petitioners' facilities having been found to be satisfactory for the academic year 2011-2012, it is incumbent upon the respondent-authorities also to grant permission to the petitioners for the academic year 2011-2012. (3) WP 7433.2011+1 3. The order dated 26.07.2010 passed by the Apex Court now would merge in the order passed by the Apex Court dated 13.5.2011. The Apex Court vide the said order dated 13.5.2011 has appointed the Commission, headed by the retired Chief Justice of India-Shri Justice J.S. Verma. From the reference made to the Commission, it would reveal that clause (h) is as follows: "h) To review whether the 291 institutions in the Western Region qualify to be recognized as Teacher Training Institutions." . It can thus clearly be seen that the issue as to whether the 291 institutions in the Western region qualify to be recognized as Teacher Training Institutions, was also referred to the said Commission. Undisputably, the petitioners are included in those 291 institutions. 4. In that view of the matter, we do not find that the relief as prayed for, can be granted by this Court, until the Commission, as appointed by the Apex Court, gives its report regarding those 291 institutions, including the petitioners. The Writ (4) WP 7433.2011+1 Petitions are therefore rejected. 5. In the event the Commission finds that the petitioners' institutions are eligible for grant of recognition or in the event if the Hon'ble Apex Court passes any orders, which permits such applications to be entertained, the petitioners would be at liberty to apply for grant of recognition/permission. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/