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W.P.No.7666/14

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

WRIT PETITION NO.7666 2014.

Pravara Rural Education Society's Women's College of Home

Science and Bachelor of Computer aplications Vs. The State

of Maharashtra and others.

Office Notes, Office

Memoranda of Coram,

appearances, Court's

orders or directions

and

Registrar's

orders.

Court's or Judge's orders

Mr.V.D.Hon,Senior advocate for the Petitioner.

Mrs.P.B.Bharad, Asstt. Govt. Pleader for the State.

Mrs.Vaishali Jadhav, advocate for Respondent No.2.

CORAM : S.V.GANGAPURWALA &

V.K.JADHAV, JJ.

Date : 30.10.2014.

PER COURT :

1.

Heard.

2.

The petition is moved against the order dated 14.11.2013,

refusing No Objection Certificate for getting affiliation with the

Pune University. Mr.Hon, learned Senior counsel submits that in

view of Section 81(2) of the Maharashtra Universities Act, the

petitioner has to submit No Objection of the parent University to

get affiliation with the new University. The petitioner intends to get

affiliation with the Pune University. The reason mentioned in the

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application is totally erroneous. Section 82(1) of the Maharashtra

Universities Act, quoted in the impugned order is not applicable as

the petitioner is not seeking to close the College or recognition of

the institution. It is only seeking change of affiliation from one

University to another.

3.

Mrs.Jadhav, learned counsel for the University submits that

for more than 15/16 years, the petitioner was affiliated with the

Respondent University. According to the learned counsel though

Section 91(2) of the Maharashtra Universities Act, may not apply,

still, ethically there is no reason to change the affiliation. They have

taken all the benefits which are applicable for Women's College

from the Respondent University.

4.

The reason mentioned in the impugned order is certainly

improper. Section 92(1) of the Maharashtra Universities Act, does

not apply. Section 81(2) of the said Act, lays down that if a

College wants to seek affiliation with the particular University, the

same can not be done unless No Objection Certificate of the parent

University is obtained.

5.

No provision nor any regulation or standing order is relied,

pursuant to which the conditions are imposed for granting No

Objection Certificate in case of change of affiliation by the parent

University.

6.

In light of the above, the impugned order can not be

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sustained and deserves to be set aside.

7.

The Respondent University shall pass orders on the

application of the petitioner for grant of No Objection Certificate in

consonance with Section 81(2) of the Maharashtra Universities Act.

8.

The Writ Petition is accordingly disposed of. No costs.

9.

Authenticated copy be given .

(V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.)

Dt.30.10.2014.

asp/office/wp7666.14

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W.P.No.7666/14