ASN 1 WP-5457.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5457 OF 2011 Shri. Bhagwant Education and Research Charitable Trust and anr. ..Petitioners. Vs. Directorate of Technical Education and ors. ..Respondents. Mr. S.C. Naidu with Mr. Y .C.Naidu and Mr. Saurabh Kulkarni i/by C.R.Naidu & Co. forf the Petitioners. Mr. R.P.Behere, Addl. G.P. for Respondent Nos. 1 and 2. Mr.R.A. Rodrigues for Respondent No.3. Mr.S.V.Kolla,O.S.D. of D.T.E. is present. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 18 July 2011 PC: Not on board, Upon mentioning taken on board at 3.00p.m. 2 Rule, returnable forthwith and petition taken up for hearing with consent of the petitioners and respondent Nos. 1 to 3. Service of Rule on respondent No.4 is waived in view of the order we propose to pass. 3 Mr. R. P. Behere, Additional Government Pleader waives service of notice on behalf of respondent Nos.1 and 2 and Mr. R.A. Rodrigues, learned counsel waives service of notice on behalf of respondent No.3. ASN 2 WP-5457.sxw 4 The learned counsel for the petitioners states that the facts giving rise to this petition are similar to the facts in Writ Petition No. 5455 of 2011. The learned counsel for the petitioners states that the petitioners herein had made an application to the AICTE for approval to start their Engineering College before the extended date 15 April 2011. The learned counsel further states that the petitioners have been granted approval by AICTE on 14 July 2011 but the Director of Technical Education has not accepted their request to include their college in the list of institutions approved by AICTE for the purpose of Centralized Admission Process for the academic year 2011-2012 and hence, the petitioners have moved this Court for appropriate directions to the State of Maharashtra and the Director of Technical Education to forthwith issue appropriate Government Resolution approving the Petitioner No.2 College for the academic year 2011-2012 and publish the same in the Government Gazette, to include the petitioner No.2 College in Centralized Admission Procedure for the first year B.E.Courses as approved by AICTE for the academic year 2011-2012 and display the name of the Petitioner No.2 on its website. 5 It is further stated that the petitioners have made applications to the concerned university for affiliation and their affiliation applications are pending with the university only because the concerned university were waiting for AICTE approval which has been granted very recently on 14 July 2011. ASN 3 WP-5457.sxw 6 Considering the facts and circumstances of this case and for the reasons indicated in the order rendered today in Writ Petition No. 5455 of 2011, we allow this petition and proceed to pass the following order. ORDER i) Written undertakings 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 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 No.2 State of Maharashtra shall accordingly issue appropriate Government Resolution notifying the petitioner No.2 College as approved by AICTE in the list of such colleges for centralized admission process to be published today for the academic year 2011-2012 and respondent No.1 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 Petitioner- College on its website along with other colleges. The information of said publication will be published by DTE by this evening by 5.00p.m. ASN 4 WP-5457.sxw 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 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) 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 Additional Government Pleader Mr. Behere who is instructed by Mr. S.V. Kolla, Officer on Special Duty of Director of Technical Education who is present in Court. ASN 5 WP-5457.sxw Parties to act on a copy of this order duly authenticated by the registry of this Court. CHIEF JUSTICE GIRISH S. GODBOLE, J.