gopi 1 wp-lodg-2061-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARYORIGINAL CIVIL JURISDICTION WRIT PETITION LODGING 2061 OF 2011 Shri Vile Parle Kelvani Mandal & Anr.....Petitioners Vs. Directorate of Technical Education & Ors. ..Respondents. Mr. A.A. Kumbhakoni with Ms. Manorama Mohanty, Mr. Gunjan Shah i/b. M/s.S.K. Srivastav & Co., for the petitioner. Mr. M.D. Naik, AGP for respondent Nos. 1 and 2. Mr. R.A. Rodrigues for respondent Nos. 3 and 4. CORAM : MOHIT S. SHAH, C. J. AND SMT. ROSHAN DALVI, J. DATE : 23 September 2011 PC: Rule. By consent of parties Rule made returnable forthwith and taken up for hearing and final disposal. The learned Counsel appearing on behalf of respondents waive service of Rule. 2. The petitioner No.1, an educational institution has established various colleges in the Juhu Vile Parle area of Mumbai. Various educational courses, such as Management Studies (Deemed University), Polytechnic, Law, Engineering, etc. are being conducted in these educational institutions. The petitioner No.2 is one such college. gopi 2 wp-lodg-2061-11.sxw 3. The petitioner No.2 is private, unaided college approved by the AICTE, the Directorate of Technical Education (State of Maharashtra) and is affiliated to the Mumbai University. The petitioner No.2 college has both Under-graduate and Post Graduate courses, with a total intake capacity of 498 students per academic year. 4. It is the petitioners’ case that the petitioner No.2 is also approved as Linguistic (Gujarati) Minority Educational Institution and has been accordingly approved by the Competent Authority. The Admission Regulatory Committee (Pravesh Niyantran Samiti) of the State of Maharashtra on 11.2.2009 has approved the request of the 2nd petitioner to conduct its own admission process, without being part of Common Admission Process conducted by the State, inasmuch as the Engineering and Pharmacy courses are concerned, the 2nd petitioner being a duly approved Minority Educational Institution. The petitioners are thus conducting admissions on their own to the 2nd petitioner institution, 50% minority students and 50% non-minority students, strictly on merits. All these admissions so far conducted have been duly approved by the competent authorities and there is no dispute between the parties in this behalf. 5 In pursuance of proposal submitted by the petitioners, the AICTE has granted approval to the petitioners from academic year 2011-12 for starting a new course viz. Masters in Engineering (Mechanical) Manufacturing Systems Engineering) with 18 annual intake capacity. gopi 3 wp-lodg-2061-11.sxw The AICTE has also granted approval to the petitioners to increase the annual intake capacity of its earlier duly approved B.E. (Computer Engineering) course from the academic year 2011-12 by 60 (additional) seats. The approval dated 1.9.2011 granted by AICTE accordingly was received by the petitioners on 9-9-2011. A copy thereof was submitted for appropriate action with the Directorate of Technical Education, Maharashtra State on 13.9.2011. However, appropriate action has not been so far taken in that regard by the Directorate of Technical Education, whereas the last date for granting admissions to the aforesaid courses is 25.9.2011. Hence the petitioners have preferred the present petition seeking appropriate directions to the Directorate of Technical Education. 6. In view of the aforesaid undisputed facts and in view of the orders passed by this Court in group of matters such as the order dated 18th July, 2011 in Writ Petition No.5455 of 2011, the present petition is disposed of in following terms:- (i) The Directorate of Technical Education, State of Maharashtra and its Higher and Technical Education Department shall issue an appropriate Government Resolution approving the following courses to be conducted by the 2nd petitioner for the academic year 2011-2012:- (a) Starting of new course in the subject of Masters in Engineering (Mechanical) (Manufacturing Systems Engineering) gopi 4 wp-lodg-2061-11.sxw with intake capacity of 18. (b) Increasing the intake capacity of B.E. (Computer Engineering) by 60 (additional) seats. (ii) The petitioners shall conduct the admissions to the aforesaid courses strictly in accordance with law, particularly strictly in accordance with inter se merit and in terms of the permission granted by the Admission Regulatory Committee (Pravesh Niyantran Samiti). 7. Rule made absolute in aforesaid terms with no order as to costs. Parties to act on an ordinary copy of the order duly authenticated by the Associate of this Court. CHIEF JUSTICE SMT. ROSHAN DALVI, J.