- 1 - wp-wp-5965-11-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5965 OF 2011 Institute of Management Studies and another... Petitioners vs All India Council for Technical Educaiton and others. .. Respondents Mr.Girish Kulkarni i/by Mr.Sandeep Waghmare for petitioners. Mr. S.R.Shinde, Additional Government Pleader for Respondent- State Mr. Rui Rodrigues for respondent No.1-AICTE. Mr.S.V.Kolla, O.S.D. of D.T.E. present. CORAM: MOHIT S. SHAH, C. J. AND GIRISH GODBOLE, J DATE : 29 July 2011 The petitioner college is an existing Engineering college which has recently been granted approval by the AICTE for increase in intake capacity in Master of Computer Application course (second shift) from 60 to 120. For the reasons recorded in our order dated 18 July 2011 passed in Writ Petition No.5455 of 2011, following directions shall accordingly apply to the said intake capacity of the aforesaid course for academic year 2011-2012. OPERATIVE ORDER i) Written undertakings of the Chairman and Secretary of petitioner-Society not to admit any student and accept fees till the increase in intake of the Masters in Computer Application Course - 2 - wp-wp-5965-11-11 2nd Shift from 60 to 120 of the college is granted affiliation by respondent-University 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) Respondent-State of Maharashtra shall accordingly issue appropriate Government Resolution notifying the increase in intake capacity in Masters in Computer Application course, 2nd shift of the petitioner-college from 60 to 120 seats as approved by AICTE in the list of such colleges for Centralized Admission Process for the academic year 2011-2012 and respondent-Director of Technical Education shall forthwith include the said increase in intake of Masters in Computer Application course 2nd shift of the petitioner college for giving admissions for the academic year 2011-2012 and to display the name of said 2nd shift course of petitioner-College on its website along with other colleges. The additional information regarding the status will be published by DTE before commencement of Centralized Admission Process Round-II. iii) It is further directed that Petitioner-College shall not admit any student in respect of the increase in intake and accept the fees in the said 2nd shift course before getting the affiliation from respondent-University 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. - 3 - wp-wp-5965-11-11 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 the said increase in intake of Masters in Computer Application 2nd shift course is pending with the concerned university and that no student shall be admitted by petitioner-college in the said 2nd shift course without getting such affiliation. v) The petition is accordingly allowed in the aforesaid terms. vi) Respondent-University will be at liberty to move this Court for modification/clarification of this order, in case the need arises. This order is dictated in presence of the learned Government Pleader Mr. Patil who is instructed by Mr.S.V.Kolla, Officer on Special Duty of Director of Technical Education who is present in Court. Parties to act on a copy of this order duly authenticated by the registry of this Court. CHIEF JUSTICE GIRISH GODBOLE, J - 4 - wp-wp-5965-11-11