F. I. REBELLO, J.

( 1 ) RULE in both the petitions. Respondents waive service. By consent heard forthwith.

( 2 ) WE may briefly set out the facts of Writ Petition No. 4769 of 2005. The petitioner is a Public Trust registered under the provisions of the Bombay Public Trust Act and the Societies Registration Act. The petitioners are running a Secondary School having a strength of about 150 students. The petitioners desired to start an institute for B. Ed, course at kondhapuri. To meet the requirement of infrastructure and other things, the petitioners have invested about Rs. 1,17,09,553/- which amount has been expended towards land, land development, building, and other expenses as set out in para 2 of the petition. The petitioners made an application to SNDT Womens university, Mumbai on 30th October, 2004 and paid the requisite affiliation fees. A copy of the application was also forwarded to the principal Secretary, Higher and Technical education, Mantralaya, Mumbai. The petitioners also applied to National Council for teachers Education (NCTE), Western Region office, Bhopal in prescribed format for permission to start B. Ed. College for Women with necessary application fees and format on 31st December, 2003 and deposited the original fdr of Rs. 5,00,000/- towards Endowment fund. The petitioners contend that SNDT womens University, Mumbai processed the petitioners application for affiliation and forwarded the same to the Principal Secretary, higher and Technical Education, Mantralaya, mumbai through the Director of Higher education. The petitioners have averred that their application was recommended for the establishment of the proposed B. Ed. College opened by the petitioners. NCTE by letter of 24th February, 2005 intimated to the petitioner whether the petitioners were ready for inspection as per the norms prescribed by ncte. The Expert Committee of NCTE visited the petitioners campus on 6th June, 2005 and verified whether the infrastructure, staff and other norms were fulfilled. The report was submitted by the Committee to NCTE which approved and granted recognition for a B. Ed. College to be opened by the petitioners from the academic year 2005-2006 with an intake capacity of 100 students. After receipt of the said letter petitioners applied to the Government of Maharashtra on 4th July, 2005 for permission to start the college and/or inclusion of the name of the college in the Central admission process for the year 2005-2006. It is the case of the petitioners that the respondent no. 4, the Principal Secretary to Department of Higher and Technical Education neither acted on the letter nor replied to the petitioner. As per the Maharashtra Universities Act after government permission the institute can open the B. Ed. College. In the event the admission process is delayed the students will lose an academic year and the huge expenditure incurred by the petitioners on development of the infrastructure and appointment of staff will be at stake. In paral of the petition, the petitioners have set out the various dates for completion of procedure for admission by the central Admission Process.

( 3 ) IN answer to the petition on behalf of respondent No. 1 K. G. Bhide, Registrar, sndt Womens University has filed an affidavit. It is pointed out that the respondent no. 1 did not recommend the case of the petitioners to respondent No. 3 as in terms of the Perspective Plan for 2002-2007 the districtwise allocation for Pune is only one college. It is further pointed out that considering the Perspective Plan the petitioners application was not recommended. Reliance is placed on a judgment of this Court at its Aurangabad Bench in Writ Petition no. 7676 of 2004. Since we have disposed off other petitions based on this Judgment, for the sake of record we may point out that other institutions fell in the perspective plan prepared by the respective Universities.

( 4 ) ON behalf of the respondent nos. 3 and 4 a reply was also filed on 16t