11. WP ST 20470-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 20470 OF 2011 Mahatma Gandhi Mission & Anr .. Petitioners Vs Director of Technical Education, Maharashtra State & Ors .. Respondents Mr. L.M. Acharya i/b Mr. Amit Gharte for the Petitioners Mr. Rui Rodrigues for AICTE Mr. Prashant B. Darandale, Asst. Govt. Pleader for Respondent - State CORAM : MOHIT S. SHAH, C.J. & GIRISH GODBOLE, J. DATE : 3 AUGUST, 2011. P.C.: 1. Mentioned at 03.00 p.m. 2. Leave to amend. Amendment to be carried out forthwith. 3. The Petitioner No.2 College is an existing college which has recently been granted approval by the AICTE for running various courses in following branches: 1 11. WP ST 20470-11.doc i. U.G. Electrical Engineering .. 60 Seats (1st Shift) ii. U.G. Mechanical Engineering .. 60 Seats (2nd Shift) iii. Electronics & Telecommunications.. increase in intake capacity from 60 to 120 seats. 4. For the reasons recorded in our order dated 18th July 2011 passed in Writ Petition No. 5455 of 2011, the petition is allowed and following directions shall accordingly apply to the said intake capacity of the aforesaid courses / additional seats for Academic Year 2011-2012. OPERATAIVE ORDER i. Written undertakings of the Chairman and Secretary of petitioner no. 1 not to admit any student and accept fees for the said courses / additional seats till the college is granted affiliation by respondent- University for the said courses / additional 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 said courses / additional courses in petitioner no.2 college as approved by AICTE in the list of such colleges for centralized admission process for the academic year 2011-2012 and 2 11. WP ST 20470-11.doc Director of Technical Education shall forthwith include the aforesaid courses / additional seats in petitioner college for Centralized Admission Process for the academic year 2011-2012 and to display the details of above courses / additional seats of petitioner college on its website along with other colleges. The information of the said status will be published by DTE by centralized admission process. iii. It is further directed that petitioner college shall not admit any student and accept the fees in the said courses / additional seats before getting the affiliation from respondent University in respect of said courses / 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 courses / additional seats is pending with the concerned University and that no student shall be admitted by petitioner college in the aforesaid courses / additional seats without getting such affiliation. 3 11. WP ST 20470-11.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 11. WP ST 20470-11.doc 5