1 W.P.No.5462 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.5462 Of 2011 * Shri. Yogeshwari Education Society's Shri. Yogeshwari Polytechnic College, Ambejogai, District Beed Through its Authorized Person : Shri. Ganesh Gangadhar Pingale, Age 45 years, Occupation : Lecturer, R/o. Dindayal Nagar, Ambejogai, Taluka Ambejogai, District Beed. .. Petitioner. Versus 1) The All India Council for Technical Education (a statutory body of Government of India established under AICTE Act) 7th floor, Chandralok Building, Janpath, New Delhi 110 001. 2) The Regional Officer, AICTE, Western Regional Office, 2nd floor, Industrial Assurance V.N. Road, Opposite Church Gate, Railway Station Church Gate, Mumbai 400 020. 3) The State of Maharashtra Through Principal Secretary, Higher & Technical Education Department, Mantralaya, Mumbai - 32. 4) Director of Technical Education, for Maharashtra State, 3, Mahapalika Marg, Dhobi Talav Mumbai - 400 001. 2 W.P.No.5462 of 2011 5) Maharashtra State Board of Technical Education, Mumbai Through its Deputy Secretary at Aurangabad. .. Respondents. -------- Shri. A.M. Karad, Advocate for the petitioner. Shri. Alok Sharma, Assistant Solicitor General, for respondent Nos.1 and 2. Smt. V.A. Shinde, Assistant Government Pleader, for respondent Nos.3 and 4. Shri. S.S. Jadhavar, Advocate, for respondent No.5. -------- CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 27th JULY 2011 ORAL JUDGMENT: (Per D.B. Bhosale, J.) 1) Heard learned counsel for the parties. Rule. Rule made returnable forthwith. Petition is taken up for hearing with consent of the petitioner and the respondents. Learned Advocates for the respondents waive service. 2) At the outset, learned counsel for the petitioner has placed on record a copy of judgment dated 18th July 2011 passed by the Principal Seat at Mumbai in Writ 3 W.P.No.5462 of 2011 Petition No.5455 of 2011 (Coram: Mohit S. Shah, C.J. & Girish S. Godbole, J.) and submitted that even on facts, the case of the present petitioner and the petitioner in Writ Petition No.5455 of 2011 is similar. Prayers made therein also are similar. In view thereof, he prayed for disposing of this writ petition, in terms of the judgment and order dated 18-7-2011, and issue directions as issued in paragraph 11 thereof. 3) Learned counsel appearing for the respondents have not disputed the aforesaid submissions made by the learned counsel for the petitioner and submitted that this petition can also be disposed of in terms of the order dated 18th July 2011 passed in Writ Petition No.5455 of 2011. 4) We have perused the writ petition. The petitioner-Society/Trust applied to respondent No.1 - All India Council for Technical Education (for short, "AICTE"), for starting new Engineering College for running diploma courses in Computer Engineering and Civil Engineering with intake of 60 each as per the provisions of the All India Council for Technical Education Act 1987. A copy of 4 W.P.No.5462 of 2011 the letter produced by Mr. Alok Sharma, Standing Counsel for AICTE dated 22nd July 2011 of the Western Regional Office, AICTE, Mumbai, is taken on record and marked as "X" for identification. There is no dispute that the AICTE has granted approval to the petitioner as per the decision taken at the meeting held on 12th July 2011 and the decision was put on the website of the AICTE on 14th July 2011. The petitioner has already approached respondent No.5-Board for seeking affiliation after grant of approval. Learned counsel for the petitioner, therefore, seeks directions to respondent No.5-Board to consider their application for seeking affiliation within time frame. Keeping in view the order dated 18th July 2011 passed in Writ Petition No.5455 of 2011 and the submissions of the learned counsel for the parties, we dispose of this writ petition by issuing the following directions. (i) Written undertakings of the Chairman and Secretary of petitioner not to admit any student and accept fees till the college is granted affiliation/permission by respondent No.5-Board and till petitioner comply with Regulation 4.22 of AICTE shall be filed in this Court within one week from 5 W.P.No.5462 of 2011 today and copy thereof shall be forwarded to all the respondents within one week from today. (ii) Respondent No.3-State of Maharashtra shall accordingly issue appropriate Government Resolution notifying the petitioner-College as approved by AICTE in the list of such colleges for centralized admission process to be published for the academic year 2011-2012 and respondent No.4-Director of Technical Education shall forthwith include the petitioner-College for Centralized Admission Process for new diploma courses in Computer Engineering and Civil Engineering with intake of 60 each for the academic year 2011-2012 and to display the name of the petitioner-College on its website along with other colleges. (iii) It is further directed that petitioner - College shall not admit any student and accept the fees before getting the affiliation from respondent No.5-Board 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 6 W.P.No.5462 of 2011 one week and copies thereof shall be forwarded to all the respondents within one week. (iv) It is further directed that, the Director of Technical Education shall publish the information and also specifically mention that the application of the petitioner - college for affiliation is pending with the concerned Board and that no student shall be admitted by petitioner-College without getting such affiliation. (v) Respondent No.5-Board shall consider and decide the application of the petitioner for seeking affiliation on merits in accordance with law expeditiously having regard to the schedule of admission. It is needless to mention that while dealing with the application for affiliation respondent No.5-Board shall follow the due procedure and/or pass appropriate order on the application for affiliation in accordance with law. (vi) Rule is made absolute in the aforesaid terms. 7 W.P.No.5462 of 2011 (vii) Respondent No.5 -Board will be at liberty to move this Court for modification/clarification of this order, in case the need arises. Authenticated copy be supplied to the counsel for the parties. Parties to act on a copy of this order duly authenticated by the registry of this Court. Sd/- Sd/- (S.B. DESHMUKH, J.) (D.B. BHOSALE, J.) rsl