- 1 - 5603 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5603 OF 2011 1. Sinhagad Technical Education Society Regd under Society's Registration Act, 1860 having its registered office at S.No.44/1, Vadgaon (BK) Pune-411 041. Through its founder President 2.Sau Venutai Chavan Polytechnic College, at Pune. .. Petitioners vs 1. Directorate of Tech.Edn for Maharashtra State, 3, Mahapalika Marg, Dhobi Talao, Mumbai-400 001. 2.State of Maharashtra through Dept of Higher & Tech, Edn, Mantralaya, Mumbai. 3.All India Council for Technical Education through its Western Regional Officer and having its address at 2nd floor Industrial Assurance Bldg, Veer Nariman Road, Opp Churchgate Rly Station, Mumbai-400 020 4. Maharashtra State Board of Technical Education 2nd Floor, Govt.Polytechnic 49,Kherwadi, Bandra (E) Mumbai-400 051. .. Respondents - 2 - 5603 Mr.Nitin Dhumal for petitioners Mr. Rui Rodrigues for AICTE Respondent no. 3 Mr. S.N.Patil A.G.P. for Respondent nos.1 and 2 State CORAM: MOHIT S.SHAH, C.J. AND GIRISH GODBOLE, J DATE: 25 July 2011. ORAL JUDGMENT: 1. 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. 2. Mr. R.A.Rodrigues learned counsel waives service of notice on behalf of respondent no.3 and Mr. S.N.Patil Additional Government Pleader waives service of notice on behalf of respondent nos.1 and 2. 3. 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 increase their intake in Civil Engineering course from 60 to 120 before the extended date 15 April 2011. The learned counsel further states that the petitioners have been granted approval by AICTE on 6/7/2011 but the Director of Technical Education has not accepted their request to include the additional seats in their college in the list of institutions approved by AICTE for the purpose of Centralized Admission process for the academic - 3 - 5603 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 resolutions 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 said intake capacity in civil Engineering course approved by AICTE for the academic year 2011-2012 and display the name of the petitioner no.2 on its website. 4. It is further stated that the petitioners have made application to the concerned Board for recognition and the application is pending with the Board only because the concerned Board was waiting for AICTE approval which has been granted very recently on 6/7/2011. 5. Considering the facts and circumstances of this case and for the reasons indicated in the order rendered in Writ Petition No.5455 of 2011, we allow this petition and proceed to pass following order. 6. The Petitioner no. 2 is an existing college running diploma in Engineering courses. The petitioner no. 2 has recently been granted approval by the AICTE for increase intake capacity in Civil Engineering from 60 to 120 seats. Hence, following directions shall apply to the said additional intake capacity in Civil Engineering course by the petitioner college. - 4 - 5603 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 by respondent-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) State of Maharashtra shall accordingly issue appropriate Government Resolution notifying the additional seats in petitioner 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 Director of Technical Education shall forthwith include the petitioner college for Centralized Admission Process and to allow choice codes to the first S.S.C. Diploma courses in Engineering for the academic year 2011-2012 and to display the name of petitioner college on its website alongwith other colleges. The information regarding the status will be published by DTE before commencement of Centralised Admission Process Round II. (iii) It is further directed that Petitioner-College shall not admit any student and accept the fees before getting the affiliation from respondent Board 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 permission is pending with the concerned Board and that no student shall be admitted by petitioner college without getting such permission. - 5 - 5603 (v) The petition is accordingly allowed in the aforesaid terms. (vi) Respondent Board will be at liberty to move this Court for modification/clarification of this order, in case the need arises. Parties to act on a copy of this Judgment duly authenticated by the registry of this Court. Rule made absolute accordingly. CHIEF JUSTICE GIRISH S.GODBOLE,J