1 WP No.9462/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9462 of 2010 Yeshwant Shikshansastra Mahavidyalay and Anr ... Petitioners versus State of Maharashtra & Anr ... Respondents ... Mr.M.S.Topkar for the petitioners Mr.S.R. Nargolkar, Addl.G.P for respondent State. CORAM : MOHIT S SHAH, C.J. & D.G. KARNIK, J DATED : 2nd May 2011. P.C. 1. The petitioners are colleges running B.Ed course. The petitioners are Non­Governmental, private unaided colleges. The grievance in this petition is that for the year 2010­11, petitioners were entitled to fill in all 100 seats in their respective two colleges from out of the said capacity were not allowed to fill in any seat from the management through the Association of unaided colleges – Common Admission Process (CAP). 2 WP No.9462/10 2. Mr.Nargolkar, learned AGP submits that the petitioner had given their consent for the State CAP under which all the 100% seats were to be filled from the State level. Learned counsel for the petitioner submits that after the Director of Education instructed to the petitioner and other colleges in the State to surrender the management quota seats to which petitioners had given consent, their consent was not given voluntarily. 3. It is not necessary at this stage to decide the question whether the petitioners’ consent was voluntary or was on account of the instructions of the Director of Education because the Academic Year 2010­11 has come to an end. Our attention is however invited to the decision dated 4 May 2010 of a Division Bench of this Court at Aurangabad in Writ Petition No.2867 of 2010 in connected matters. 4. Learned counsel for the petitioner further submitted that even if the controversy for the year 2010­11 might have withered with the passage of time, atleast petitioners may not be required to fill in all 100% seats from the State list and therefore appropriate directions may be given for the next academic year. 5. Relying on judgment of Hon’ble Division Bench of this Court in Civil Application no.7197 of 2009 in Writ Petition no.4897/08, this court has granted the following reliefs to the concerned college management. 3 WP No.9462/10 “In view of the above, we also follow the said Judgment delivered by the Division Bench of this Court and allow the petitions and declare that the petitioners are entitled to fill in 20% of the seats as management quota with further directions that the said seats, filled in by the management in the management quote would only be from such candidates, who have passed the common entrance test conducted by the State Government or by the association of non Government colleges (association CAP). 6. Following the decision, we declare that the petitioners are entitled to fill in 20% of the seats as management quota with a further direction that the 20% seats would be filled in only from such candidates who have passed the CET conducted by the State Government or the CET conducted by the association of Non­ Government colleges (association­CAP), In other words, petitioner shall fill in 80% seats from the State list (State CAP) and the remaining 20% seats shall be filed in as indicated above. (CHIEF JUSTICE) (D.G.KARNIK, J)