1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4806 OF 2009 Wadmawali Vidya Prasarak Mandal, Dahiphal (Wadmawali), Tq.Kaij, Dist. Beed Sham Gadale, Arts Senior College, Dahiphal, Tq.Kaij, Dist.Beed, Through its President, Shamrao S/o.Madhavrao Gadale Age-64 years, Occu-Pensioner, R/o.Dahiphal (Wadmawali, Tq.Kaij, Dist. Beed.) PETITIONER VERSUS 1. The State of Maharashtra, (Through the Secretary of Education Department Mantralaya, Mumbai) 2. The Director, Board of College and University Department, Dr.Babasaheb Ambedkar Marathwada University, Aurangabad – 431 004 3. Dr.Babasaheb Ambedkar Marathwada University, Aurangabad through its Registrar, Aurangabad RESPONDENTS Mr.K.B.Jadhavar, learned counsel for the petitioner. Mr.V.B.Ghatge, learned AGP for respondent no.1 Mr.K.M.Suryawanshi, learned counsel for respondent no.2 and 3 2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 01/10/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of The Constitution of India, the petitioner prays for issuance of a writ for quashing and setting aside the communication dated 16/06/2009 and the communication dated 24/06/2009 issued by the respondents withdrawing the affiliation. The other relief is in respect of ad interim relief. 3. We need not dilate on the factual aspect of the present case as it would suffice to state that a committee headed by Dr.Sambhaji Warangule had carried out the inspection of the premises of the petitioner Institute and had accordingly submitted a report on 04/06/2009 pointing out various infirmities/deficiencies which were noticed, as well as the faculty to appoint the head of the Institute as well as other trained faculty pursuant to directions issued by Division Bench of this Court at Nagpur in W.P. No.2216/2008, dated 18/12/2008. It appears that the petitioner did not satisfactorily remove the deficiencies and accordingly by a resolution dated 05/06/2009, the affiliation of the petitioner Institute was directed to 3 be withdrawn in a phased manner. The present petitioner being aggrieved by the aforesaid orders, has filed the present petition. 4. Learned counsel for the petitioner states that by communication dated 10/07/2009, the petitioner has informed the University that the petitioner has complied with the deficiencies which were noticed by Dr.Sambhaji Warangule Committee, as well as it has appointed the faculty in accordance with the prescribed procedure. 5. The learned counsel for the petitioner has further submitted before us that the directions issued by the Division Bench of this Court at Nagpur, adverted to above, have been stayed by the Supreme Court and accordingly that ground can not be said to be a ground germane for considering the withdrawal of the affiliation of the petitioner Institute. In the light of the fact that the petitioner has submitted a communication on 10/07/2009, according to us, it would be appropriate if the respondent University considers if the petitioner has removed the deficiencies which were noticed earlier and whether the petitioner is entitled to have the affiliation restored. The respondent University is also directed to consider the effect of stay granted by the Supreme Court in respect of the directions issued by the Division Bench of this Court, at Nagpur, which is adverted to above. 6. Shri.Suryawanshi, learned counsel for the petitioner states 4 that the application/communication of the petitioner dated 10/07/2009 would be decided by the respondents in accordance with Law within a period of 2 months from today. We accept the aforesaid statement as an undertaking to the Court. In the light of that therefore, we make rule absolute on the terms indicated above with no order as to costs. A copy duly authenticated by Shirastedar of this Court be provided to either counsel to act upon. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/OCT 2009/wp4806-09