1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.3593/2011. Shri Gurudeo Adiwasi Shikshan Prasarak Mandal and another. -versus- The State of Maharashtra and others. ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : B.P. DHARMADHIKARI & P.D. KODE, JJ. DATE : JULY 29, 2011. Shri P.B. Patil, learned Counsel for the petitioners, Shri Fulzele, learned A.G.P. for respondent nos. 1 and 2 and Shri B.G. Kulkarni, learned Counsel for respondent no.3. Rule, returnable forthwith. Heard finally by consent of the parties. In this Writ Petition the Board of Technical Examination, State of Maharashtra, is allowed to be added 2 as party respondent. Necessary amendment be carried out forthwith. Learned AGP waives notice for added respondent. In Writ Petition prayer is to grant first time affiliation for M.B.A. Course with intake capacity of 120 students in petitioner no.2 Institution for the current academic year 2011-12. Learned counsel for the petitioner has invited our attention to order passed by the Division Bench of this Court at principal seat at Mumbai in Writ Petition No.5455/2011 on 18.7.2011. He states that the grievance will be redressed if similar orders are passed in this petition. Learned Assistant Government Pleader points out that appropriate defences were already taken before the Division Bench at Mumbai. Shri Kulkarni, learned Counsel point out that unless and until there is affiliation, the students cannot be admitted. After hearing all concerned, we find that said order dated 18.7.2011 has evaluated all these aspects after noticing that application filed by the petitioner was 3 within time. The Division Bench there did not accept the defences/arguments and has issued appropriate directions. Here also, it is apparent that application by petitioner was made within time and clearances by AICTE is after the commencement of rounds i.e. after 30.6.2011. In this matter that clearances is either on 11.7.2011, 12.7.2011 or 17.7.2011. As we find that controversy is squarely covered by the judgment of this Court on 18.7.2011 delivered at Mumbai, we dispose of this petition by issuing same directions. (i) Written undertaking of the Chairman and Secretary of Petitioner No.1 not to admit any student and accept fees till the college is granted affiliation/permission by respondent-University/Board 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) Respondents/State of Maharashtra shall accordingly issue appropriate Government Resolution 4 notifying the Petitioner No.2 College as approved by AICTE for additional course in the list of such colleges for centralized admission process already 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 M.B.A. Course for the academic year 2011-2012 and to display the name of Petitioner-College on its website along with other colleges. The information of said publication will be published by DTE by evening of 29.7.2011. (iii) It is further directed that Petitioner-College shall not admit any student and accept the fees before getting the affiliation from respondents 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. (iv) It is further directed that Director of Technical Education shall publish the information and also 5 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) The petition is accordingly allowed. Rule is made absolute in the aforesaid terms, with no order as to costs. (vi) Respondent-University/Board will be at liberty to move this Court for modification/clarification of this order, in case the need arises. Copy of this order be furnished to the learned counsel for the parties to act upon. JUDGE JUDGE Rgd