6. wp 6414-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6414 OF 2011 Shree Jagdamba Sanstha & Anr .. Petitioners Vs All India Council for Technical Education & Ors .. Respondents Ms. Pooja Thorat i/b Mr. Madhav V. Thorat for the Petitioners Mr. S.N. Patil, AGP for the Respondents – State & DTE Mr. Rui Rodrigues for AICTE CORAM : MOHIT S. SHAH, C.J. & GIRISH GODBOLE, J. DATE : 9 AUGUST, 2011. P.C.: 1. Rule. Learned AGP waives service of Rule on behalf of State & DTE and Mr. Rodrigues waives service of Rule on behalf of AICTE. In view of the order which we propose to pass, service of Rule on the Respondent University is waived. The petition is taken up for hearing forthwith. 2. The petitioner no. 2 is an existing management College which has recently been granted approval by AICTE for starting course of Master in Computer Application (MCA) with intake capacity of 60 1 6. wp 6414-11.doc seats. 3. For the reasons stated in our Judgment and Order dated 18th July 2011 passed in Writ Petition No. 5455 of 2011, the petition is allowed and following directions shall apply to the said MCA course 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 said course till the college is granted affiliation by respondent-University for the said course 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 said course in petitioner no.2 college as approved by AICTE in the list of such colleges for centralized admission process for the next round to be held on 16th August 2011 for the academic year 2011-2012 and Director of Technical Education shall forthwith include the aforesaid course in petitioner 2 6. wp 6414-11.doc college for Centralized Admission Process for the first year MCA Course for the academic year 2011-2012 and to display the details of above course of petitioner college on its website along with other colleges. The information of the said status will be published by DTE for centralized admission process. iii. It is further directed that petitioner college shall not admit any student and accept the fees in the said course before getting the affiliation from respondent University in respect of said course 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 in respect of aforesaid course is pending with the concerned University and that no student shall be admitted by petitioner college in the aforesaid course without getting such affiliation and without following the Rules made by the Government of Maharashtra for admission to Post Graduate Degree (M.E./M.Tech.) Courses in Engineering / Technology for the academic year 2011-12. 3 6. wp 6414-11.doc The petition is accordingly allowed in the aforesaid terms. Respondent University 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 ] 4 6. wp 6414-11.doc 5