14. wp 6415-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6415 OF 2011 Shri Vitthal Education & Research Institute, Pandharpur .. Petitioner Vs State of Maharasthra & Ors .. Respondents Mr. S.S. Patwardhan for the Petitioner Mr. S.N. Patil, AGP for the Respondent-State & DTE Mr. Rui Rodrigues for AICTE CORAM : MOHIT S. SHAH, C.J. & GIRISH GODBOLE, J. DATE : 9 AUGUST, 2011. P.C.: Rule. Learned AGP waives service of Rule on behalf of State & DTE and Mr. Rodrigues waives service of Rule on behalf of AICTE. In view of the order which we propose to pass, service of Rule on the Respondent University is waived. The petition is taken up for hearing forthwith. 2. Petitioner is an existing Engineering College running engineering courses in various branches. Recently, the Petitioner College has been 1 14. wp 6415-11.doc granted approval by AICTE for three new faculties i.e : i. M.E. (Computer Science & Engineering) 18 Seats ii. M.E. (Civil Engineering - Structural Engineering) 18 Seats iii. M.E. (Mechanical Engineering) (CAD / CAM) 18 Seats 3. For the reasons recorded in our Judgment and Order dated 18th July 2011 in Writ Petition No. 5455 of 2011, this petition is allowed and following directions will apply to the said courses of i) M.E. (Computer Science & Engineering, ii) M.E. (Civil Engineering - Structural Engineering) and iii) M.E. (Mechanical Engineering) (CAD / CAM) to be conducted by the petitioner for the academic year 2011-12 and admissions to which shall be granted in accordance with the guidelines for merit based admissions issued by the Director of Technical Education. OPERATIVE ORDER i. Written undertaking of the Chairman and Secretary of petitioner not to admit any student and accept fees till the college is granted affiliation by respondent University and till petitioner complies 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 aforesaid courses of the 2 14. wp 6415-11.doc petitioner-College as approved by AICTE in the list of such colleges for the academic year 2011-2012. iii. It is further directed that Petitioner-College shall not admit any student and accept the fees before getting the affiliation from respondent no. 4 University for aforesaid courses 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 of aforesaid courses is pending with the concerned University and that no student shall be admitted by petitioner college without getting such affiliation and without following the Rules made by the Government of Maharashtra for admission to Post Graduate Degree (M.E./M.Tech.) Courses in Engineering / Technology for the academic year 2011-12. v. The petition is accordingly allowed in the aforesaid terms. 3 14. wp 6415-11.doc 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 ] 4 14. wp 6415-11.doc 5