- 1 - 5675 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5675 OF 2011 Loknete Hon.Hanmantrao Patil Charitable Trust & anr .. Petitioners vs Directorate of Technical Education & ors .. Respondents Mr . Nitin Dhumal for petitioners Mr. Rui Rodrigues for AICTE Mr. S.R.Shinde A.G.P. for Respondent-State CORAM: MOHIT S. SHAH, C. J. AND GIRISH GODBOLE, J DATE: 25 July 2011 P.C. 1. The petitioner no.2 is an existing polytechnic running diploma courses in engineering in several branches and there is no dispute about the other branches. Recently, petitioner no.2 has been granted approval by the AICTE for increase in intake capacity from 60 to 120 seats in Electronics and Telecommunications engineering course. Hence, following directions shall apply to the said additional seats for the Academic year 2011-2012 OPERATIVE ORDER i) Written undertakings of the Chairman and Secretary of - 2 - 5675 Petitioner No.1 not to admit any student and accept fees for the additional seats till the college is granted permission by respondent- Board 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) 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 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 the permission from respondent-Board 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. - 3 - 5675 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 in respect of aforesaid additional seats is pending with the concerned Board and that no student shall be admitted by petitioner college in the additional seats 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. Parties to act on a copy of this order duly authenticated by the registry of this Court. CHIEF JUSTICE GIRISH GODBOLE, J - 4 - 5675