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 2026:BHC-AUG:43547-DB 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.