- 1 - wp5600.11 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5600 OF 2011 Samarth Rural Educational Institute Rajuri's Samarth Group of Institution .. Petitioner Faculty of Engineering vs All India Council for Technical Education & ors .. Respondents Mr .V.M.Thorat for Petitioner Mr. Rui Rodrigues for Respondent Nos.1 & 2 and Regional Officer, AICTE Mr. V.D.Patil A.G.P. for Respondent 3 & 4 CORAM: MOHIT S. SHAH, C. J. AND GIRISH GODBOLE, J DATE: 21 July 2011 P.C. OPERATIVE ORDER The petitioner-institution is an existing engineering college which has recently been granted approval by the AICTE for additional intake capacity of 60 seats in Mechanical Engineering branch. Following directions shall accordingly apply to the said additional capacity in Mechanical Engineering branch: i) Written undertakings of the Chairman and Secretary of Petitioner not to admit any student and accept fees in the additional seats till - 2 - wp5600.11 the college is granted affiliation by respondent-University for such additional seats and till petitioner complies with Regulation 4.22 of AICTE (Grant of Approvals for Technical Institutions) Regulation, 2010 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 additional intake capacity of petitioner College as approved by AICTE in the list of such colleges for centralized process for the academic year 2011-2012 and Director of Technical Education shall forthwith include the additional intake capacity of petitioner-college for Centralized Admission Process for the academic year 2011-2012 and to display the name of Petitioner- College on its website with additional intake capacity 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 in the additional seats before getting the affiliation from respondent University for such additional 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. - 3 - wp5600.11 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 for 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. Parties to act on a copy of this order duly authenticated by the registry of this Court. CHIEF JUSTICE GIRISH GODBOLE, J