1 W.P.No.5595 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.5595 Of 2011 * Gramodyogic Shikshan Mandals' Maharashtra Institute of Technology, NH-211, Aurangabad Through its Principal Dr. Santosh Panditrao Bhosle, Age 42 years, Occupation : Service as Principal, R/o. Aurangabad, Taluka and District Aurangabad. .. Petitioner. Versus 1) The All India Council for Technical Education (a statutory body of Government of India) 7th floor, Chandralok Building, Janpath, New Delhi 110 001. 2) The Regional Officer, AICTE, Western Regional Office, 2nd Floor, Industrial Assurance V.N. Road, Opposite Church Gate, Railway Station Church Gate, Mumbai 400 020. 3) The State of Maharashtra Through Principal Secretary, Higher & Technical Education Department, Mantralaya, Mumbai - 32. 4) Director of Technical Education, For Maharashtra State, 3, Mahapalika Marg, Dhobi Talav Mumbai - 400 001. 2 W.P.No.5595 of 2011 5) Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, Through its Registrar. .. Respondents. -------- Shri. Atul M Karad, Advocate for the petitioner. Shri. Alok Sharma, Assistant Solicitor General, for respondent Nos.1 and 2. Shri. V.D. Godbharle, Assistant Government Pleader, for respondent Nos.3 and 4. Shri. K.M. Suryawanshi, Advocate, for respondent No.5. -------- CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 29th JULY 2011 ORAL JUDGMENT: (Per D.B. Bhosale, J.) 1) Heard learned counsel for the parties. Rule. Rule made returnable forthwith. Petition is taken up for hearing with consent of the petitioner and the respondents. Learned Advocates for the respondents waive service. 2) At the outset, learned counsel for the petitioner has placed on record a copy of judgment dated 18th July 2011 passed by the Principal Seat at Mumbai in Writ 3 W.P.No.5595 of 2011 Petition No.5455 of 2011 (Coram: Mohit S. Shah, C.J. & Girish S. Godbole, J.) and submitted that even on facts, the case of the present petitioner and the petitioner in Writ Petition No.5455 of 2011 is similar. Prayers made therein also are similar. In view thereof, he prayed for disposing of this writ petition, in terms of the judgment and order dated 18-7-2011, and issue directions as issued in paragraph 11 thereof. 3) Learned counsel appearing for the respondents have not disputed the aforesaid submissions made by the learned counsel for the petitioner and submitted that this petition can also be disposed of in terms of the order dated 18th July 2011 passed in Writ Petition No.5455 of 2011. 4) We have perused the writ petition. The petitioner-Society/Trust applied to respondent No.1 - All India Council for Technical Education (for short, "AICTE"), for extension of approval and increase in intake and for starting new courses. Accordingly, the AICTE has granted approval to start new PG level course in Mechanical Engineering, First Shift, with intake of 18 and UG course 4 W.P.No.5595 of 2011 in Mechanical Engineering, Second Shift, with intake of 60 and for increase in intake of 60 in UG course in Electronics and Telecommunication Engineering. Mr. Karad, learned counsel for the petitioner submits that, out of these three courses, two courses, namely, Mechanical Engineering PG level, First Shift, and Electronics and Telecommunication Engineering UG, First Shift, are already uploaded in the Centralized Admission Process and, therefore, in the present writ petition the petitioner have made prayers only in respect of Mechanical Engineering UG, Second Shift, with intake of 60. A letter of Western Regional Office of AICTE Mumbai dated 27-7-2011 is placed on record along with additional affidavit filed by the petitioner at Exhibit X-1. 5) Mr. Karad further submits that the petitioner- institution has already applied to the University for seeking affiliation in respect of all the three courses and their application for affiliation is under consideration. He, therefore, seeks directions to respondent No.5-University to consider their application for affiliation within time frame. Keeping in view the order dated 18th July 2011 5 W.P.No.5595 of 2011 passed in Writ Petition No.5455 of 2011 and the submissions of the learned counsel for the parties, we dispose of this writ petition by issuing the following directions. (i) Written undertakings of the Chairman and Secretary of petitioner not to admit any student and accept fees till the college is granted affiliation/permission by respondent No.5 - University and till petitioner comply with Regulation 4.22 of AICTE shall be filed in this Court within one week from today and copy thereof shall be forwarded to all the respondents within one week from today. (ii) Respondent No.3-State of Maharashtra shall accordingly issue appropriate Government Resolution notifying the petitioner-College as approved by AICTE in the list of such colleges for centralized admission process published for the academic year 2011-2012 and respondent No.4-Director of Technical Education shall forthwith include the petitioner-College for Centralized Admission Process for running new Mechanical Engineering UG course, 2nd shift, with intake of 60 for the academic year 6 W.P.No.5595 of 2011 2011-2012 and to display the name of the petitioner- College on its website along with other colleges. (iii) It is further directed that petitioner - College shall not admit any student and accept the fees before getting the affiliation from respondent No.5-University and before complying with Regulation No.4.22 of AICTE (Grant of Approvals for Technical Institutions) Regulation 2010. Undertakings as aforesaid shall be filed in this Court within one week and copies thereof shall be forwarded to all the respondents within one week. (iv) It is further directed that, the Director of Technical Education shall publish the information and also specifically mention that the application of the petitioner - college for affiliation is pending with respondent No.5- University and that no student shall be admitted by petitioner-College without getting such affiliation. (v) Respondent No.5-University shall consider and decide the application of the petitioner for seeking affiliation on merits and in accordance with law expeditiously having 7 W.P.No.5595 of 2011 regard to the schedule of admission. It is needless to mention that for considering the application for affiliation respondent No.5-University shall follow the due procedure. (vi) Rule is made absolute in the aforesaid terms. (vii) Respondent No.5 - University will be at liberty to move this Court for modification/clarification of this order, in case the need arises. Authenticated copy be supplied to the counsel for the parties. Parties to act on a copy of this order duly authenticated by the registry of this Court. Sd/- Sd/- (S.B. DESHMUKH, J.) (D.B. BHOSALE, J.) rsl