1 W.P.No.5311 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.5311 Of 2011 * Kisan Dnyanoday Mandal Gudhe's Dr. Uttamrao Mahajan Institute of Engineering And Technology at Bilakhed Shivar, Chalisgaon, District Jalgaon. Through its President Sau. Kalpanabai Uttamrao Mahajan, Age 49 years, Occupation : Household, R/o Plot No.1, Shivkrupa, Dhule Road, Chalisgaon, District Jalgaon. ... Petitioner. Versus 1) The State of Maharashtra Through Department of Higher & Technical Education Mantralaya, Mumbai. 2) The Director of Technical Education, Maharashtra State, having his office at 3, Mahapalika Marg, Opp. Metro Cinema, Mumbai 400 001. 3) All India Council for Technical Education (A.I.C.T.E.), having its main office at having address 07th Floor, Chandralok Building, Janpath, New Delhi 110 001 And Having its Western Regional Office in Mumbai at 2nd Floor, Industry Assurance Building, 2 W.P.No.5311 of 2011 V.N. Road, Opp. Churchgate Railway Station Churchgate, Mumbai. 4) The North Maharashtra University Jalgaon, District Jalgaon, Through its Registrar. .. Respondents. -------- Shri. V.J. Dixit, Senior Counsel holding for Shri. P.D. Bachate, Advocate for the petitioner. Shri. V.D. Godbharle, Assistant Government Pleader, for respondent Nos.1 and 2. Shri. Alok Sharma, Assistant Solicitor General, for respondent No.3. Shri. A.B. Girase, Advocate, for respondent No.4. -------- CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 20th 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. 3 W.P.No.5311 of 2011 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 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 the respondent No.1 - All India Council for Technical Education (for short, "AICTE"), for approval for commencing/establishing an 4 W.P.No.5311 of 2011 institute of Engineering & Technology as per the provisions of the All India Council for Technical Education Act 1987. 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 not approached respondent No.4-University for seeking affiliation. Learned counsel submits that, petitioner will approach respondent No.4-University for seeking affiliation on or before Friday, the 22nd of July 2011 and he seeks directions to respondent No.4-University 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 - University and till petitioner comply with Regulation 4.22 of AICTE shall be filed in this Court within one week from 5 W.P.No.5311 of 2011 today and copy thereof shall be forwarded to all the respondents within one week from today. (ii) Respondent No.1-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.2-Director of Technical Education shall forthwith include the petitioner - college for Centralized Admission Process for the First Year Engineering Course 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.4-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 6 W.P.No.5311 of 2011 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 is pending with the concerned University and that no student shall be admitted by petitioner college without getting such affiliation. (v) Respondent No.4 - University shall consider and decide the application of the petitioner for seeking affiliation expeditiously having regard to the schedule of admission. It is needless to mention that for considering the application for affiliation respondent No.4 - University shall follow the due procedure. (vi) The petition is accordingly allowed in the aforesaid terms. (vii) Respondent No.4 -University will be at liberty to move this Court for modification/clarification of this order, in case the need arises. 7 W.P.No.5311 of 2011 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