- 1 - WP-5804 asn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5804 OF 2011 Kasegaon Education Society and and anr. .. Petitioners vs 1) Director of Technical Education Maharashtra State & ors .. Respondents Mr. L.M.Acharya i/by R. Shekhawat for the Petitioners Mr. S.N. Patil, AGP. for Respondent-State. Mr. Rui Rodrigues for AICTE. CORAM: MOHIT S. SHAH, C. J. AND GIRISH GODBOLE, J DATE: 27 July 2011 P.C. 1 Leave to add Maharashtra State Board of Tech. Education as respondent No.5. 2 The petitioner no.2 is an existing college of Pharmacy running degree courses in Pharmacy. Recently, the petitioner no.2 college has been granted approval for the academic year 2011-2012 for commencing new courses of Diploma in Pharmacy with 60 seats; Post Graduate Pharmacy in Pharmaceutical Chemistry with - 2 - WP-5804 18 seats and increase in intake capacity in Pharmacy (U.G.) from 60 seats to 120 seats for the academic year 2011-2012. Hence, following directions shall apply for the aforesaid courses for the academic year 2011-2012. OPERATIVE ORDER i) Written undertakings of the Chairman and Secretary of Petitioner No.1 not to admit any student and accept fees for the aforesaid seats till the college is granted affiliation/permission by respondent-University/Board for the said seats and till petitioners 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) State of Maharashtra shall accordingly issue appropriate Government Resolution notifying the aforesaid seats in petitioner College as approved by AICTE in the list of such colleges for centralized process for the academic year 2011-2012 and Director of Technical Education shall forthwith include the aforesaid seats of petitioner-college for Centralized Admission Process for the above courses for the academic year 2011-2012 and to display the details of aforesaid seats of Petitioner- College on its website along with other colleges for CAP Round I-A onwards. iii) It is further directed that Petitioner-College shall not admit any - 3 - WP-5804 student and accept the fees in the aforesaid said seats before getting the affiliation/permission from respondent-University/Board in respect of aforesaid intake capacity 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 Director of Technical Education shall publish the information and also specifically mention that the application of the petitioner college for affiliation/permission in respect of aforesaid additional seats is pending with the concerned University/Board and that no student shall be admitted by petitioner college in the aforesaid seats without getting such affiliation/permission. v) The petition is accordingly allowed in the aforesaid terms. vi) Respondent-University/Board will be at liberty to move this Court for modification/clarification of this order, in case the need arises. Parties to act on a copy of this order duly authenticated by the registry of this Court. CHIEF JUSTICE GIRISH GODBOLE, J.