1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application W.No. 1865/2009 in Writ Petition No.2692/2009 Wainganga Bahuddeshiya Vikas Sanstha Vs. The State of Maharashtra and others. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. CORAM : A.P. LAVANDE AND P.D. KODE, JJ. Date of reserving order :15/9/2009 Date of Pronouncing the order : 16/9/2009. Heard Mr. Gordey, learned counsel for the petitioner, Mrs. Dangre, learned AGP for respondents 1 and 2, Mr. Sundaram, learned counsel for respondents 3 and 4 and Mr. Kulkarni, learned counsel for respondent no.5. By this application, the petitioner seeks direction against respondent no.2 to include additional intake of 60 seats in Engineering (Mechanical) while considering the candidates for CAP round-IV or for future rounds, if held. In terms of Notification dated 17.8.2009 issued by respondent no.2 prescribing Revised Schedule for CAP of Professional Courses for the year 2009-10 last date for display of available seats and list of eligible candidate for CAP Round-IV was 5th September, 2009. In view of this position, the prayer of the petitioner for allotment of students for Round-IV cannot be granted at this stage. Mr. Gordey placing reliance upon the brochure issued by respondents 1 and 2 submitted that in terms of Clause 6.7 of brochure the 2 Principal/Director of the un-aided institution is entitled to admit students for the vacancies after the CAP Round-IV as per the guidelines given in Annexure-II and as per the said guidelines, the institution is entitled to admit students at the institution level for the vacant seats after CAP Rounds by following the guidelines. The Principals of the respective un-aided Engineering Colleges are entitled to invite applications for the seats available by giving publicity in at least two newspapers and vacancies are also to be displayed on the notice board of the institute. Aspiring candidates fulfilling the eligibility criteria have to apply directly to the Principal of the respective college for admissions and these admissions will have to be made in a transparent manner and strictly as per the merit of the candidates who apply to the institute. Mr. Gordey submitted that since the petitioner has been granted additional intake of 60 seats of Engineering (Mechanical) by communication dated 20/8/2009 of All India India Council for Technical Education (AICTE) - the respondent no.3, the petitioner be permitted to admit students directly by following the said guidelines. Mr. Gordey submitted that the petitioner is ready to give an undertaking to complete the entire process by 17th September, 2009, which is the last date for completing admission process. Mrs. Dangre, learned Additional Government Pleader for respondents 1 and 2 submitted that even before admitting the students directly by following the guidelines relied upon by Mr. Gordey, the petitioner is bound to take permission from the State Government and having regard to the time available, it is not 3 possible to grant any relief to the petitioner at this stage. Mr. Sundaram, learned counsel appearing for respondents 3 and 4 submitted that by communication dated 20.8.2009 respondent no.3 actually has granted additional intake of 60 seats of Engineering (Mechanical) for the year 2010-11 although the same is not specifically mentioned in the said communication. Mr. Kulkarni, learned counsel appearing on behalf of respondent no.5 submitted that the petitioner is not entitled to the relief at this stage since petitioner is bound to seek affiliation in respect of additional 60 seats of Engineering (Mechanical) and having regard to the fact that admission process has to be completed by 17th September, 2009, the petitioner is not entitled to the relief sought for in the application. Having considered rival submissions and having perused the record, we are of the considered opinion that the petitioner is not entitled to the relief sought for in the application. Indisputably, the entire process of admission for Ist year Engineering has to be completed by 17th September, 2009 in terms of the notification. To fill-up seats after CAP Round-IV, the Principal of the College is required to invite applications for the seats available by giving publicity at least in two newspapers and pursuant to the said advertisement, aspiring candidates have to apply directly to the Principal for admissions and the admissions have to be made on the basis of merit of the candidates. This being the position, in our considered opinion, this exercise in terms of Clause 6.7 of the 4 brochure and the guidelines cannot be completed by 17th September, 2009. Moreover, the petitioner is also bound to seek permission from the State Government in respect of additional intake of 60 seats (Mechanical Engineering) which also is not possible to be obtained having regard to the fact that admission process has to be completed by 17th September, 2009. In view of the above position, we are not inclined to grant relief to the petitioner as prayed for in the civil application. Hence, the application is rejected. JUDGE JUDGE Ambulkar.