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Bombay High Court

MOHMMADIYA EDUCATION SOCIETY THR ITS SECRETARY SHAIKH ABDULversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that with five approved teachers the college is entitled to seek part affiliation for up to 50% of its intake, and the University must consider such an application.

Summary

The petitioner, a B.Ed. college recognized by the NCTE, had its affiliation with the University withdrawn for the current academic year on the ground that it lacked a sufficient number of approved teachers. The college claimed it had five (or six) approved teachers, which under Section 110(2)(b) of the Maharashtra Public Universities Act, 2016 would permit part‑affiliation for up to 50% of its intake. The University argued that the college’s proposal for additional divisions could not be accommodated due to the teacher‑student ratio requirements. The Court examined the statutory power of the Academic Council to grant affiliation in whole or part and found that the existing approved staff could support a reduced intake. Accordingly, the Court directed the University to allow the college to file an application for part affiliation and to decide on it within a week. The writ petition was thereafter disposed.

Issues considered

  • Whether the University may refuse affiliation on the ground of insufficient approved teachers.
  • Whether Section 110(2)(b) of the Maharashtra Public Universities Act, 2016 empowers the Academic Council to grant part affiliation in such circumstances.
  • Whether the petitioner is entitled to apply for and obtain part affiliation despite the alleged shortfall of teachers.

Legislation cited

Subjects

  • affiliation
  • part affiliation
  • teacher‑student ratio
  • academic council
  • Maharashtra Public Universities Act
  • NCTE recognition
  • B.Ed college

Judgment

2026:BHC-AUG:43547-DB


                                                1              909-wp 11777-2026.odt



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO. 11777 OF 2026

                 Mohmmadiya Education Society’s
                 Masumiaya College of Education
                 Through Its Secretary
                 Shaikh Abdus Salam Abdul Aziz                    .. Petitioner

                        Versus

                 The State Of Maharashtra
                 Through Its Secretary And Others                         .. Respondents

                 Mr. A. D. Sonkawade, Advocate h/f Mr. Kailas B. Jadhav, Advocate
                 for Petitioner.
                 Mr. P. K. Lakhotiya, AGP for Respondent Nos. 1, 4 & 5.
                 Mr. V. P. Golewar, Advocate h/f Mr. A. R. Joshi, Advocate for
                 Respondent No. 2.

                                         CORAM : KISHORE C. SANT AND
                                                 JITENDRA JAIN, JJ.
                                         DATE       :   24th SEPTEMBER, 2026.
                 PER COURT :-

                 1.     Heard the parties.


                 2.     The petitioner is a B.Ed. College. The National Council for

                 Teachers Education (NCTE) has already given recognition for

                 starting B.Ed. since 2006-2007. The University also earlier granted

                 affiliation and the same is continued till last academic year. For

                 this academic year the affiliation is not continued citing the reason

                 that there are no sufficient number of approved teachers and
                                2              909-wp 11777-2026.odt


therefore, the affiliation is refused.


3.    The learned advocate Mr. Sonkawade for the petitioner

vehemently submits that, initially intake capacity of the college

was 200 students for which 17 teachers are required. In fact, 9

teachers are working in the College and six teachers are approved

by the University. The number of approved teachers is disputed. As

per the University, the approved teachers are only five. The

learned advocate further submits that, section 110 (2) (b) of the

Maharashtra Public Universities Act, 2016 grants power to

Academic Council that affiliation should be granted in whole or

part. He submits that even if five teachers are taken to be

approved still those are sufficient for a batch of 50 students. The

University thus can consider grant of part affiliation to that extent.


4.    Learned advocate Mr. Golewar for respondent/University

submits that the proposal was submitted for more divisions for

which there is no sufficient staff available. The University has to

strictly go by the schedule and also has to strictly go by the

number of teachers students ratio and then to consider the grant

of affiliation. He justifies the action of the University in refusing to

grant affiliation.
                                  3             909-wp 11777-2026.odt


5.       This Court think it appropriate that, when admittedly five

approved teachers are available, which are six as per submission

of Mr. Sonkawade, still that strength is sufficient to admit 50%

students in the College. It was open for the University to consider

grant part affiliation. Now submission is made that there was no

such proposal made by the College and therefore, such question is

arising for consideration before the Academic Council.


6.       In the facts stated above this Court finds it appropriate to

direct the University to allow the petitioner to make an application

for part affiliation. The University within one week from today

shall consider the said application if it is filed immediately on

28.09.2026 and to consider grant of part affiliation. It is because

admission process is still not completed. Third round has

commenced and institutional level round would commence on

14.10.2026. Considering this, the petitioner is permitted to submit

the proposal physically on 28.09.2026.


7.       With this, the writ petition stands disposed of.



( JITENDRA JAIN, J.)                          ( KISHORE C. SANT, J. )



P.S.B.


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