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 college recognized by the NCTE, had its affiliation with the University withdrawn for the current academic year on the ground that it lacked a sufficient number of approved teachers.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
- Maharashtra Public Universities Act, 2016 — s. 110(2)(b)
Subjects
- affiliation
- part affiliation
- teacher‑student ratio
- academic council
- Maharashtra Public Universities Act
- NCTE recognition
- B.Ed college
Judgment
2026:BHC-AUG:43547-DB
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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
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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.
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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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