ASN 1 WP-4741.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4741 OF 2011 Balasaheb Mhatre College of Engineering and anr. ...Petitioners. Vs. All India Council for Technical Education and anr. ...Respondents. Mr.Shailesh Naidu i/by C.R.Naidu & Co. for the Petitioners. Mr.Rai Rodrigues for Respondent Nos. 1 and 2. Mr.S.R.Shinde,Additional G.P. for Respondent No.3. CORAM : MOHIT S. SHAH, C. J. AND SMT. ROSHAN DALVI, J. DATE : 12 October 2011 PC: The learned counsel for the petitioner states that notwithstanding the order dated 13 July 2011 the petitioners have not admitted any student to the degree course in Engineering for which the petitioners have made an application to the AICTE. The learned counsel therefore, submits that in view of the subsequent developments the petitioners do not press for continuation of those directions and the said directions may be recalled. The learned counsel further submits that the petitioners are ready to make application to the AICTE for opening a degree college on the basis of the Letter of Intent dated 15 May 2009. ASN 2 WP-4741.sxw 2 The learned counsel for the petitioners also invited our attention to the public notice inviting proposals of all the Technical Institutions i. e. Under Graduate, Post Graduate, Polytechnic and Diploma Institution, to whom the Letter of Intent for running Technical Degree/Diploma courses were issued by the Council for establishment of new Institutions prior to 2010. He further states that as per the said public notice such Letter of Intent issued prior to 2010 were decided to be taken into consideration but with the existing regulations and guidelines of the AICTE. The AICTE has given an opportunity for reconsideration after rectification of the deficiencies along with the fee of Rs.40,000/- by 10 July 2011.The learned counsel for the petitioners submits that the petitioners did not make any such application on the basis of Letter of Intent as the present petition was pending before this Court. It is submitted that the petitioners are ready and willing to abide by the new norms i. e. regulations which came into force from 2010 as Letter of Intent was issued in their favour on 15 May 2009 as indicated in the notice. 3 Having heard the learned counsel for the petitioners and the learned counsel for the respondent University, in our view, interest of justice will be served if the petition is disposed of in the following terms. a) Upon the petitioners making an application along with the prescribed fee for reconsideration of Letter of Intent dated 15 May 2009 within a period of 7 days from the date of receipt of this order in terms of Public Notice at Page 118 Vol.-I Compilation of documents. ASN 3 WP-4741.sxw b) AICTE shall reconsider the Letter of Intent as per the existing rules and regulations. c) The AICTE shall consider the said application of the petitioners on its own merits and not to reject it on the ground that it is made beyond the time prescribed in the Public Notice. d) The petitioners shall be permitted to withdraw their online application uploaded on 29 April 2011 and the petitioners’ request for refund of fees shall be considered as per the existing rules and regulations. 4 The learned counsel for the petitioners makes a statement that process for approval of building plan is pending before the Asstt. Town Planning Officer, Thane and the N.A. Order before the Collector, Thane. After the petitioners are granted approval/sanction, the petitioners will submit sanctioned plans to the AICTE. After petitioners furnishing such approval or sanctioned plan to the AICTE, the petitioners application will be considered. 5 The petitioners will be at liberty to submit and pursue the application for converting the existing technical institution into technical campus by adding new technical programs at decree level . ASN 4 WP-4741.sxw 6 The AICTE shall consider the above application on the basis of the LOI dated 15 May 2009 as permitted and indicated in the public notice at Page 118 Vol.I -Compilation of documents. 7 It is further directed that the petitioner shall not admit any student for the degree course for the current year 2010-2011. 8 These directions are given in view of the fact that the present petition was pending since 10 July 2011 . 9 In views of the above, the petition is disposed of in terms of the above directions. 10 The order dated 13 July 2011 passed by this Court is hereby recalled. CHIEF JUSTICE ( `SMT. ROSHAN DALVsI, J. )