R.K. Merathia, J. - (1.) HEARD . According to the petitioner, respondent No. 6 -National Council for Teachers Education, Eastern Regional Committee ( N.C.T.E for short) has granted recognition to petitioner's institution by order dated 15.5.2009 for conducting M. Ed. course, subject to certain conditions and accordingly petitioner applied for grant of affiliation and permission for taking admission for running the said course from the Session 2009 -2010 on 3.6.2009 (Annexure -2) but no decision has been taken by the University. He relied on paragraphs 63,74,79, 80 and 82 of the judgment reported in : (2006) 9 SCC 1 State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Ors.
(2.) ON the other hand, Mrs. Choudhary, appearing for the University, referred to clause 3(iii) and (iv) of the said order of N.C.T.E. and submitted that petitioner could take admission only after obtaining affiliation from the University and fulfillment of all such other requirement as may be prescribed by the University but petitioner did not comply with the formalities for affiliation and therefore it was not granted. Mr. Agarwal, appearing for the N.C.T.E., referring to the judgment of State of Maharashtra (supra) submitted that it is true that as per the said order dated 15.5.2009 of the N.C.T.E., petitioner was/is required to obtain affiliation from the University but in view of the said judgement, grant of affiliation has become more or less a formality. He further submitted that however before obtaining affiliation, petitioner can not be allowed to take admission.
(3.) IN reply, Mr. Mehta, appearing for the petitioner, submitted that petitioner is ready to comply with the formalities, if any, in terms of the said judgment of State of Maharashtra (supra) and the said order of N.C.T.E. dated 15.5.2009.;