6. wp 6217-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6217 OF 2011 Audyogik Shikshan Mandal & Anr. .. Petitioners Vs Director of Technical Education, Maharashtra State & Ors .. Respondents Mr. L.M. Acharya i/b Mr. Ranvir Shekhavat for the Petitioners Mr. Rui Rodrigues for AICTE Mr. S.N. Patil, AGP for Respondent - State CORAM : MOHIT S. SHAH, C.J. & GIRISH GODBOLE, J. DATE : 3 AUGUST, 2011. P.C.: 1. The petitioner no. 2 is an existing management College which has recently been granted approval by AICTE for staring course of Master in Business Administration (MBA) (2nd Shift) with intake capacity of 120 seats. The AICTE granted approval initially for intake capacity of 60 seats only and in respect of those seats Writ Petition No. 5800 of 2011 was filed and the said petition has been allowed by order dated 27th July 2011. Petitioner No. 2 is now granted approval by AICTE for the further intake capacity of 60 seats. For the reasons stated in our order dated 18th July 2011 passed in Writ Petition No. 5455 of 2011, following directions shall apply to the said additional seats in MBA course for the academic year 1 6. wp 6217-11.doc 2011-2012. OPERATIVE ORDER i. Written undertakings of the Chairman and Secretary of petitioner no.1 not to admit any student and accept fees for the additional seats till the college is granted affiliation by respondent-University for the said seats 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 no.2 college as approved by AICTE in the list of such colleges for centralized admission process for the academic year 2011-2012 and Director of Technical Education shall forthwith include the aforesaid additional seats in petitioner college for Centralized Admission Process for the first year Master in Business Administration (MBA) Course for the academic year 2011-2012 and to display the details of additional seats of petitioner college on its website along with other colleges. The information of the said status will be published by DTE for centralized admission process. iii. It is further directed that petitioner college shall not admit any student 2 6. wp 6217-11.doc and accept the fees in the said additional seats before getting the affiliation from respondent University in respect of additional intake capacity 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 in respect of additional seats is pending with the concerned University and that no student shall be admitted by petitioner college in the additional seats without getting such affiliation. The petition is accordingly allowed in the aforesaid terms. Respondent University 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 order duly authenticated by the registry of this Court. [ CHIEF JUSTICE ] [ GIRISH GODBOLE, J ] 3 6. wp 6217-11.doc 4