1 W.P.No.5912 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.5912 Of 2011 * Matsyodari Shikshan Sanstha's College of Engineering & Technology, Nagewadi, Aurangabad Road, Jalna, District Jalna. Through its Principal Dr. Archana Gopal Thosar, Age 40 years, Occupation : Service as Principal, R/o Nagewadi, Jalna, District Jalna. .. Petitioner. Versus 1) The All India Council for Technical Education (a statutory body of Government of India) 7th floor, Chandralok Building, Janpath, New Delhi 110 001. 2) The Regional Officer, AICTE, Western Regional Office, 2nd Floor, Industrial Assurance V.N. Road, Opposite Church Gate, Railway Station Church Gate, Mumbai 400 020. 3) The State of Maharashtra Through Principal Secretary, Higher & Technical Education Department, Mantralaya, Mumbai - 32. 4) Director of Technical Education, for Maharashtra State, 3, Mahapalika Marg, Dhobi Talav Mumbai - 400 001. 2 W.P.No.5912 of 2011 5) Maharashtra State Board of Technical Education, Mumbai, Through its Deputy Secretary at Aurangabad. .. Respondents. -------- Shri. Atul M Karad, Advocate for the petitioner. Shri. Alok Sharma, Assistant Solicitor General, for respondent Nos.1 and 2. Shri. K.M. Suryawanshi, Assistant Government Pleader, for respondent Nos.3 and 4. Shri. S.S. Jadhavar, Advocate, for respondent No.5. -------- CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 8th AUGUAT, 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. 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 3 W.P.No.5912 of 2011 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 may 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 respondent No.1 - All India Council for Technical Education (for short, "AICTE"), for extension of approval and for starting new courses as per the provisions of the All India Council for Technical Education Act 987. Accordingly, the AICTE has granted approval to start new Diploma courses in Civil Engineering 4 W.P.No.5912 of 2011 and Mechanical Engineering, 2nd Shift, with intake of 60 each, UG courses in Electrical Engineering and Civil Engineering, 1st shift, with intake of 60 each. The AICTE had granted extension of approval to UG courses in Information Technology, 1st shift, with intake of 30, Electronics and Telecommunication Engineering, 1st shift, with intake of 60, Mechanical Engineering and Computer Science and Engineering, 1st shift, with intake of 120 each and PG - Master in Business Administration, 2nd shift, with intake of 60, as per the provisions of the All India Council for Technical Education Act 1987. Mr. Karad, learned counsel for the petitioner submits that, out of these nine courses, seven courses, namely, UG courses in Electrical Engineering and Civil Engineering, 1st shift, with intake of 60 each, Information Technology, 1st shift, with intake of 30, Electronics and Telecommunication Engineering, 1st shift, with intake of 60, Mechanical Engineering, 1st shift, and Computer Science and Engineering, 1st shift, with intake of 120 each and PG - Master in Business Administration, 2nd shift, with intake of 60, are already uploaded in the Centralized Admission Process. Therefore, in the present writ petition the petitioner have made 5 W.P.No.5912 of 2011 prayer only in respect of new Diploma courses in Civil Engineering and Mechanical Engineering, 2nd Shift, with intake of 60 each. Copy of the letter produced by Mr. Alok Sharma, Standing Council for AICTE dated 5-8-2011 of the Western Regional Office, AICTE, Mumbai, is taken on record and marked as "X" for identification. 5) Mr. Karad further submits that the petitioner- institution has already applied to respondent No.5 - Board for seeking affiliation in respect of all the aforementioned courses and their application for affiliation is under consideration. He, therefore, seeks directions to respondent No.5-Board to consider their application for 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 6 W.P.No.5912 of 2011 No.5 - Board and till petitioner 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.3-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 published for the academic year 2011-2012 and respondent No.4-Director of Technical Education shall forthwith include the petitioner-College for Centralized Admission Process for running new Diploma courses in Civil Engineering and Mechanical Engineering, 2nd Shift, with intake of 60 each 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.5-Board and before complying with Regulation No.4.22 of AICTE (Grant of 7 W.P.No.5912 of 2011 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, the Director of Technical Education shall publish the information and also specifically mention that the application of the petitioner - college for affiliation is pending with respondent No.5- Board and that no student shall be admitted by petitioner- College without getting such affiliation. (v) Respondent No.5-Board shall consider and decide the application of the petitioner for seeking affiliation on merits and in accordance with law expeditiously having regard to the schedule of admission. It is needless to mention that for considering the application for affiliation respondent No.5-Board shall follow the due procedure and/or pass appropriate order on the application for affiliation in accordance with law. (vi) Rule is made absolute in the aforesaid terms. 8 W.P.No.5912 of 2011 (vii) Respondent No.5 - Board will be at liberty to move this Court for modification/clarification of this order, in case the need arises. 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