- 1 - 5697fr rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5697 OF 2011 1.Ninaidevi Shikshan Prasarak having its regdoffice at Kokarud Talu: Shirala Dist Sangli 415 408 2.Shri Shivajirao Deshmukh Institute of Technology,. At Shirala Dist,Sangli .. Petitioners vs 1. Directorate of Technical Education M.S.3, Mahapalika marg,Dhobi Talao, Mumbai-400 001 2. State of Maharashtra The Dept of Higher Technical' Education,Th.Govt.Pleader,PWD Bldg, Fort, Mumbai-400 023. 3. All India Council for Technical Education, thr.its Western Regional Office and having its address at 2nd fl, Indus.Assu. Bldg,V.N.Road, Opp Churchgatge Rly Stn,Mumbai-400 020 4. Maharashtra State Board of Technical Education, 2nd Floor, Govt.Polytechnic 49,Kherwadi, Bandra (E) Mumbai-400 051 .. Respondents - 2 - 5697fr Mr.Nitin Dhumal for Petitioners Mr.Rui Rodrigues for AICTE Respondent no.3 Mr.S.R.Shinde AGP for Respondent State DTE Respondent nos. 1 & 2 CORAM: MOHIT S.SHAH AND GIRISH GODBOLE, J DATE: 25 July, 2011 ORAL JUDGMENT 1. Rule returnable forthwith and petition taken up for hearing with consent of the petitioners and respondent nos. 1 to 3. Service of Rule on Respondent no.4 is waived in view of the order we propose to pass. 2. Mr.R.A.Rodrigues learned counsel waives service of notice on behalf of respondent no.3 and Mr.S.R.Shinde Additional Government Pleader waives service of notice on behalf of respondent nos.1 and 2. 3. The learned counsel for the petitioners states that the facts giving rise to this petition are similar to the facts in writ petition NO.5455 of 2011. The learned counsel for the petitioners states that the petitioners herein had made an application to the AICTE for approval for increase in intake capacity for their Diploma Polytechnic course from 60 to 120 seats before the extended date 15 April 2011. The learned counsel further states that the said additional seats of petitioners have been granted approval by AICTE - 3 - 5697fr on 7/7/2011 but the Director of Technical Education has not accepted their request to include their additional seats from their college in the list of Polytechnic institutions approved by AICTE for the purpose of Centralized Admission process for the academic year 2011-2012 and hence, the petitioners have moved this court for appropriate directions to the State of Maharashtra and the Director of Technical Education to forthwith issue appropriate government resolutions approving the additional 60 seats of petitioner no.1 college for the academic year 2011-2012 and publish the same in the Government Gazette, to include the additional seats of petitioner college in centralized admission Procedure for Diploma in Polytechnic approved by AICTE for the academic year 2011-2012 and display the name of the petitioner no.2 on its website for additional seats. 4. It is further stated that the petitioners have made application for additional seats to the concerned Board for recognition and its recognition application is pending with the Board only because the concerned Board was waiting for AICTE approval which has been granted very recently on 7/7/2011. 5. Considering the facts and circumstances of this case and for the reasons indicated in the order rendered in Writ Petition NO.5455 of 2011, we allow this petition and proceed to pass following order : 6. The petitioner no.2 is an existing Polytechnic college running diploma courses in Engineering in various branches. Recently, the - 4 - 5697fr petitioner no.2 college has been granted approval by AICTE for increase in intake capacity for Mechanical Engineering course from 60 to 120 seats. Hence, following directions shall accordingly apply to the said additional capacity in Mechanical Engineering for the Academic year 2011-2012. ORDER (i) Written undertakings of the Chairman and Secretary of Petitioner no.1 not to admit any student and accept fees till the college is granted permission by respondent-Board 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 petitioner college as approved by AICTE in the list of such colleges for centralized admission process to be published today for the academic year 2011-2012 and Director of Technical Education shall forthwith include the petitioner college for Centralized Admission Process and to allow choice codes to the first year S.S.C.Diploma courses in Engineering for the academic year 2011-2012 and to display the name of petitioner college on its website along with other colleges. The information regarding the status will be published by DTE before commencement of Centralized Admission Process Round II. (iii) It is further directed that Petitioner-College shall not admit any student and accept the fees before getting the permission from respondent No.4 Board 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. - 5 - 5697fr (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 permission is pending with the concerned Board and that no student shall be admitted by petitioner college without getting such permission. (v) The petition is accordingly allowed in the aforesaid terms. (vi) Respondent Board will be at liberty to move this Court for modification/clarification of this order, in case the need arises. Rule made absolute accordingly. Parties to act on a copy of this Judgment duly authenticated by the registry of this Court. CHIEF JUSTICE GIRISH GODBOLE, J