1 srk wp-1980-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1980 OF 2010 Terna Public Charitable Trust and another. ... Petitioners Versus The Union of India and others. ... Respondents Mr.S.C. Naidu i/by Mr. Sayed Zakir Ali S. Ali for the petitioners. Mr. R.A. Rodrigues with Mr. N.D. Dharma for respondent Nos.1 and 2. Mr. D.A. Nalawade, Government Pleader with Mr. J.S. Saluja, Assistant Government Pleader for State-respondent Nos.3 and 4. CORAM : MOHIT S. SHAH, C.J. & DR. D.Y. CHANDRACHUD, J. Thursday, October 28, 2010 P .C. Petitioner No.1 is running an engineering college for imparting education in degree courses. The petitioner-trust has also submitted an application for approval of All India Council of Technical Education- respondent No.2 herein, for diploma courses in engineering. 2. The grievance in this petition is that there is inaction on the part of respondent Nos.3 and 4 in not processing the petitioners' application dated 27 March 2010 (Exhibit `E' to the petition) for introduction of new second shift diploma course in their existing degree engineering college i.e. Terna Engineering College. When the petition was filed in August, 2010, the petitioners prayed that the petitioners' application be considered for academic year 2010-2011. However, by the time this petition had reached hearing, the first semester for the academic year 2010-2011 is about to be over and, 2 srk wp-1980-10.sxw therefore, the learned counsel for the petitioners has fairly stated that the petitioners' would not be in a position to introduce the new second shift diploma courses in their existing degree engineering college for the current academic year and that the petitioners' application be considered for the academic year 2011-2012. 3. It is stated that the application is still lying with the State Government and the Director of Technical Education. 4. Mr. Nalawade, learned Government Pleader for the State Government and the Director of Technical Education seeks leave to place on record copy of the letter dated 29 September 2010 from the Incharge Director of Technical Education, Maharashtra State, Mumbai, informing the learned Government Pleader that the Letter of Approval (LOA) is required to be issued by the AICTE for introduction of new second shift diploma in the existing degree college in Terna Engineering College for the academic year 2010-2011. Leave as prayed for is granted. The said letter is taken on record and marked "X" for identification purposes. 5. The learned counsel for the Union of India and the AICTE states that AICTE will now consider the petitioners' application dated 27 March 2010 for the academic year 2011-2012 after receiving the recommendations from the State Government. 6. Having heard the learned counsel for the parties, it appears that there is some misunderstanding on the part of the Director of Technical Education and the State of Maharashtra in so far as the Director is awaiting approval letter from the AICTE before making recommendations on behalf of 3 srk wp-1980-10.sxw the State Government. It appears that this misunderstanding is created on account of the public notice issued by AICTE, appearing in the advertisement No.Approval Bureau/02(03)/2010 at Exhibit `D' to the writ petition. The public notice states that processing of applications shall be only by respective State Governments as per the regulations notified by the Council and that in all such matters, final approval by AICTE shall be subject to recommendations by respective State Governments/Union Territories as per regulations. 7. However, our attention is invited to the procedure for processing such applications as contained in the Approval Process Handbook issued by All India Council for Technical Education at Exhibit `B' to the petition. The relevant para 23.2 which reads as under: 23.2 Approval for additinal programme/courses/divisions in second shift working shall be considered on with views by State Government/UT and Affiliating University and on fulfillment of following conditions: a. At lease one batch from existing institution is graduated. b. 100% fulfillment of infrastructure requirement for existing Technical Inswtitution c. Availability of Principal/Director qualified as per AICTE norms in existing Technical Institution d. 100% fulfillment in Faculty: Student ratio in existing Technical Institution e. The total intake of UG & PG programme/courses/divisions, in the 2nd shift shall be governed as given in the following table. 8. At the hearing of this petition, the learned counsel for AICTE 4 srk wp-1980-10.sxw submitted that the public notice at Exhibit `D' was not correctly worded and that there can be no question of AICTE granting approval before recommendations of the State Government. It is also the case of the petitioners that the petitioners' application is being scrutinised by respondent No.4 Director of Technical Education. The learned Government Pleader also states on instructions that the Expert Committee has already inspected the engineering college of the petitioners and has also submitted the inspection report to the State Government and the State Government will now consider the said report and make appropriate recommendations to AICTE by 25 November 2010. 9. Having heard the learned counsel for the parties, we direct that the State Government send its recommendations to the AICTE in the matter of petitioners' application dated 27 March 2010 for introduction of second shift diploma courses in the degree engineering college run by the petitioners and the same shall be made for the academic year 2011-2012. The recommendations shall be communicated to the AICTE by 25 November 2010. The respondent-AICTE shall thereafter consider the petitioners' application on merits. Petition stands disposed of in the aforesaid terms. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.