- 1 - wp5585 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5585 OF 2011 Prerana Pratisthan .. Petitioner vs Al India Council for Technical Education & ors .... Respondents Mr. V.P.Malvankar i.b. Mr. A.G.Toraskar for petitioner Mr. Rui Rodrigues for AICTE and Regional Officer, AICTE Mr. S.N.Patil, A.G.P. for Respondent-State & D.T.E. Mr. S.V.Kolla O.S.D of D.T.E. is present CORAM: MOHIT S. SHAH, C. J. AND GIRISH GODBOLE, J DATE: 21 July 2011 P.C. Leave to add college being run by the petitioner-trust as petitioner No.2. OPERATIVE ORDER 1. The petitioner No. 2 is an existing college which has recently been granted approval by the AICTE in July 2011 for increasing the intake capacity for the first year Mechanical Engineering course by 60 seats and for the second year direct Electrical and Telecommunication Engineering for 60 seats from the Academic year 2011-2012. - 2 - wp5585 2. In view of the above, following directions shall apply to the above additional seats for which approval has been granted by the AICTE on 12 July 2011. i) Written undertakings of the Chairman and Secretary of Petitioner No.1 not to admit any student and accept fees for the additional seats till the college is granted affiliation by respondent-University for the said seats 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) Respondent State of Maharashtra shall accordingly issue appropriate Government Resolution notifying the additional seats in petitioner College as approved by AICTE in the list of such colleges for centralized process for the academic year 2011-2012 and respondent Director of Technical Education shall forthwith include the aforesaid additional seats of petitioner-college for Centralized Admission Process for the first year Engineering Course for the academic year 2011-2012 and to display the details of additional seats of Petitioner- College on its website along with other colleges. The information of said publication will be published by DTE before commencement of the 2nd Round of centralised admission process. iii) It is further directed that Petitioner-College shall not admit any student and accept the fees in the said additional seats before getting - 3 - wp5585 the affiliation from respondent University in respect of additional intake capacity 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 additional seats is pending with the concerned university and that no student shall be admitted by petitioner college in the additional seats without getting such affiliation. v) The petition is accordingly allowed in the aforesaid terms. vi) Respondent-University will be at liberty to move this Court for modification/clarification of this order, in case the need arises. This order is dictated in presence of the learned Assistant Government Pleader Mr. S.N.Patil who is instructed by Mr. S.V. Kolla, Officer on Special Duty of Director of Technical Education who is present in Court. Parties to act on a copy of this order duly authenticated by the registry of this Court. CHIEF JUSTICE - 4 - wp5585 GIRISH GODBOLE, J