VBC 1 ca2478.11-21.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICAITON NO.2478 OF 2011 IN WRIT PETITION NO.5020 OF 2011 WITH CIVIL APPLICATION NO.2479 OF 2011 IN WRIT PETITION NO.5020 of 2011 C.A. 2478/2011 : Maharashtra State Board of Technical Education, Mumbai. ..Applicant versus Vidya Education Society’s Vidya Institute of Technology, Dhanore& Ors. ..Respondents. ..... C.A. 2479/2011 : Vidya Education Society’s Vidya Institute of Technology, Dhanore. ..Applicant. Versus The All India Institute for Technical Education & Ors. ...Respondents. ..... Mr.R.V.Govilkar for the Applicant in CAW 2478/11 (Original Respondent No.5). Mr.M.V. Thorat for the Applicant in CAW 2479/11 (Original Petitioner) Mr.Rui Rodrigues with Ms.Sneha Pense Bard for Respondent Nos.1 and 2. Mr.Sameer N.Patil, AGP for Respondent Nos.3 and 4. ..... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. November 21, 2011. P.C. : Civil Application 2478 of 2011 has been taken out by the VBC 2 ca2478.11-21.11 Maharashtra State Board of Technical Education, original Respondent No.5, while Civil Application 2479 of 2011 has been taken out by the original Petitioner. 2. By an order of the Division Bench dated 3 August 2011, the Maharashtra State Board of Technical Education was directed to depute an inspection team to visit the College within one week. The Division Bench at that stage took on record a copy of the report dated 30 July 2011 of the Expert Visiting Committee of AICTE which showed that the Petitioner had provided all the infrastructural requirements save and except for a certificate by the Architect giving details of the sewage disposal system, barrier free environment, toilets created for physically challenged and all weather approach road. The Court noted the statement of Counsel appearing on behalf of the Petitioner that the sewage disposal system, barrier free environment, toilets for physically challenged and all weather approach road were provided and in addition thereto, a ramp had already been provided for aiding the movement of the physically challenged students. The Court also recorded the statement of the Petitioner that the College would VBC 3 ca2478.11-21.11 install one lift for enabling physically challenged students to move from the ground floor to the first floor within four months. The attention of the Court has been drawn to the fact that subsequent to the order of the Division Bench, an inspection was carried out by the Maharashtra State Board of Technical Education which by its communication dated 12 September 2011 has noted that all deficiencies have been removed. Mr.Rodrigues appearing on behalf of AICTE states that the issue of grant of approval is being considered by AICTE which is seized of the issue. We direct that AICTE shall now take a final decision thereon within a period of three months from today. Upon the receipt of the decision of the AICTE, the State Government and the Director of Technical Education shall take necessary action in accordance with law in regard to the grant of sanction for the intake capacity to various branches of education provided in the institution and in the matter of technical/administrative sanction. By the earlier order of the Division Bench dated 3 August 2011, the Court had seen no impediment for the College to admit the students as allotted by VBC 4 ca2478.11-21.11 the Board, provided that the Board was satisfied about the necessary infrastructure being provided. We pass a further direction to the effect that the Board shall now allow the students who were admitted by the College to appear for the practical as well as theory examinations in their respective Diploma Courses. Both the Civil Applications are accordingly disposed of. Liberty to the parties to apply, once AICTE takes a final decision so as to facilitate the passing of a final order. ( Dr.D.Y.Chandrachud, J.) ( A. A. Sayed, J.)