AJN 06-AS-WP2527.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2527 OF 2011 Sadhana Education Society through the Chairman C.P. Talav ... Petitioner Vs. State of Maharashtra & 3 Ors. ... Respondents Mr. Mihir Desai for the petitioner. Mr. Rui Rodrigues for respondent 2. CORAM: MRS. RANJANA DESAI & RANJIT MORE, JJ. DATED : 6TH MAY, 2011. P.C.:- 1. The petitioner-Society runs schools and collages. It has got necessary recognition from the National Council for Teachers Education (for short, “NCTE”). However, it is not yet affiliated to respondent 2 i.e. the University of Mumbai. It appears that the application for affiliation has been made after the cut-off date. It also appears that the AJN 06-AS-WP2527.11 2 admission process is to start in the second week of May, 2011. The petitioner has, therefore, filed this petition praying that a direction be given to respondent 2 to grant affiliation to the B.Ed. College of the petitioner viz. Sadhana College of Education and to direct respondent 1 to grant no objection to the petitioner for starting its B.Ed. College. The petitioner has also prayed that a direction be given to the respondents to permit the petitioner to admit students for academic year 2011-2012 for the B.Ed. Course in Sadhana College of Education. 2. Mr. Desai, learned counsel for the petitioner has drawn our attention to the judgment of the Supreme Court in State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & Ors. 2006 (9) SCC 1. The relevant observations of the Supreme Court which have a bearing on the present case are as under: “70. In our opinion, the observations that the provisions of Sections 82 and 83 of the Maharashtra University Act are “null and void” could not be said to be AJN 06-AS-WP2527.11 3 correct. To us, it appears that what the High Court wanted to convey was that the provisions of Sections 82 and 83 would not apply to an institution covered by 1993 Act. As per the scheme of the Act, once recognition has been granted by NCTE under Section 14(6) of the Act, every university ('examining body') is obliged to grant affiliation to such institution and Sections 82 and 893 of the University Act do not apply to such cases. 3. It is clear from the above observations of the Supreme Court that as per the scheme of the NCTE Act, once recognition has been granted by NCTE under Section 14(6) of the NCTE Act, every University is obliged to grant affiliation to such institution. Therefore, respondent 2 will have to grant affiliation to the petitioner. The objection of respondent 2 appears to be that the application for affiliation is made after the cut-off date i.e. 30/10/2010. 4. In our opinion, respondent 2 should process the affiliation application of the petitioner in the light of the Supreme Court judgment which we have quoted AJN 06-AS-WP2527.11 4 hereinabove. In the meantime, this is a fit case where the petitioner should be permitted to admit the students for B.Ed. Course for 2011-12. Needless to say that their admission will be subject to the decision taken by respondent 2 on the pending affiliation application. Order accordingly. No further order is necessary in this petition. Petition is disposed of. [MRS. RANJANA DESAI, J.] [RANJIT MORE, J.]