1 W.P.No.5281 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.5281 Of 2011 * Shri. V.D. Deshmukh College of M.C.A. at Kolpa, Taluka and District Latur, Through its President Shri. Mahesh s/o Manoharrao Ambekar, Age 22 years, Occupation : Business R/o Kolpa, Taluka and District Latur. ... Petitioner. Versus 1) The State of Maharashtra Through the Secretary for Higher & Technical Education Mantralaya, Mumbai. 2) The Director of Technical Education, Maharashtra State, 3, Mahapalika Marg, Dhobi Talav P.B. No.1967, Mumbai. 3) The All India Council for Technical Education New Delhi 110 001. 4) Swami Ramanand Tirth Marathwada University, Nanded, Through its Registrar. .. Respondents. -------- 2 W.P.No.5281 of 2011 Shri. V.D. Hon, Advocate for the petitioner. Shri. V.D. Godbharle, Assistant Government Pleader, for respondent Nos.1 and 2. Shri. Alok Sharma, Assistant Solicitor General, for respondent No.3. Shri. R.V. Ghuge, Advocate, for respondent No.4. -------- CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 20th 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 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 3 W.P.No.5281 of 2011 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 the respondent No.3 - All India Council for Technical Education (for short, "AICTE"), for approval for commencing/establishing new College of Master of Computer Application course as per the provisions of the All India Council for Technical Education Act 1987. There is no dispute that the AICTE has granted approval to the petitioner as per the decision taken at the meeting held on 12th July 2011 and the decision was put on the website of the AICTE on 14th July 2011. The petitioner has not approached respondent No.4-University 4 W.P.No.5281 of 2011 for seeking affiliation. Learned counsel submits that, petitioner will approach respondent No.4-University for seeking affiliation on or before Friday, the 22nd of July 2011 and he seeks directions to respondent No.4- University to consider their application for seeking affiliation within time frame. Keeping in view the order dated 18th July 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 - 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.1-State of Maharashtra shall accordingly issue appropriate Government Resolution notifying the petitioner - College as approved by AICTE in 5 W.P.No.5281 of 2011 the list of such colleges for centralized admission process to be published for the academic year 2011-2012 and respondent No.2 - Director of Technical Education shall forthwith include the petitioner - college for Centralized Admission Process for the First Year MCA Course for the academic year 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.4-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 Director of Technical Education shall publish the information and also specifically mention that the application of the petitioner college for affiliation is pending with the concerned University and that no student shall be admitted by petitioner college without getting such affiliation. 6 W.P.No.5281 of 2011 (v) Respondent No.4 - University shall consider and decide the application of the petitioner for seeking affiliation expeditiously having regard to the schedule of admission. It is needless to mention that for considering the application for affiliation respondent No.4 - University shall follow the due procedure. (vi) The petition is accordingly allowed in the aforesaid terms. (vii) Respondent No.4 -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