1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3472/2011 [Chaitanya Bahu Uddeshiya Sanstha .vrs. The State of Maharashtra and others] Writ Petition No.3492/2011 [Lokmanya Tilak Jankalyan Shikshan Sanstha and another .vrs. The State of Maharashtra and others] Writ Petition No.3493/2011 [Lokmanya Tilak Jankalyan Shikshan Sanstha and another .vrs. The State of Maharashtra and others] Writ Petition No.3500/2011 [SVSS College of Engineering and Research and another .vrs. The State of Maharashtra and others] Writ Petition No.3501/2011 [Ramdeobaba Sarvajanik Samiti and another .vrs. The State of Maharashtra and others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Shri Nitin Lalwani, Advocate, Shri A.A. Naik, Advocate and Shri M.G. Bhangde, Senior Advocate with Shri V.V. Bhangde, Advocate for the petitioners, Mrs. Bharti Dangre, Additional Government Pleader with Shri A.S. Fulzele, AGP for respondent nos.1 and 2, Mrs. T.D. Khade, Advocate for respondent no.3. .......... CORAM : B.P. DHARMADHIKARI AND P.D. KODE, JJ. DATE : JULY 28, 2011. Heard. 2 Rule, returnable forthwith. Heard finally by consent of the parties. In these writ petitions respective University i.e. Sant Gadge Baba Amravati University and Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur are parties. Advocate Mrs. T.D. Khade, Advocate Shri B.G. Kulkarni and Advocate Shri J.B. Jaiswal appearing for the University. In other three writ petitions Rastraya Sant Tukdoji Maharaj Nagpur University, Nagpur is not party. Respective counsel for the petitioners seek leave to join University as party respondent. Looking to the nature of controversy, leave granted. Necessary amendment be carried out forthwith. Advocate Mrs. T.D. Khade, Advocate Shri B.G. Kulkarni and Advocate Shri J.B. Jaiswal present in the court, waives notice for added respondent. 3 In Writ Petition No.3493/2011, the Board of Technical Examination, State of Maharashtra, is allowed to be added as party respondent. Learned AGP waives notice for added respondent. In Writ Petition No.3472/2011, the prayer is to permit the petitioner to admit students to Master Degree in Engineering with intake capacity of 18 students and also 60 additional seats in Electrical Engineering of Bachelor Degree course. In rest of the matters, the prayers are similar but in respect of only additional seats. Respective counsel for the petitioners have invited our attention to order passed by the Division Bench of this Court at principal seat at Mumbai in Writ Petition No.5455/2011 on 18.7.2011. They urged that their grievance will be redressed if similar orders are passed in all these petitions. Mrs. Bharti Dangre, learned Additional Government Pleader and respective Additional Government Pleaders point out 4 that appropriate defences were already taken before the Division Bench at Mumbai. Shri Kulkarni, Mrs. Khade and Shri Jaiswal point out that unless and until their affiliation, their students cannot be admitted. After hearing all concerned, we find that said order dated 18.7.2011 has evaluated all these aspects after noticing that application filed by the petitioner were within time. The Division Bench there did not accept the defences/arguments and has issued appropriate directions. Here also, it is apparent that applications by respective petitioners were made within time and clearances by AICTE is after the commencement of rounds i.e. after 30.6.2011. In these matters, that clearances is either on 11.7.2011, 12.7.2011 or 17.7.2011. As we find that controversy is squarely covered by the judgment of this Court on 18.7.2011 delivered at Mumbai, we dispose of the petitions by issuing same directions. 5 In Writ Petition No.3500/2011 (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/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) Respondents/State of Maharashtra shall accordingly issue appropriate Government Resolution notifying the Petitioner No.2 College as approved by AICTE for additional seats or new course in the list of such colleges for centralized admission process already published for the academic year 2011-2012 and respondent no.2 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 6 publication will be published by DTE by evening of 29.7.2011. (iii) It is further directed that Petitioner-College shall not admit any student and accept the fees before getting the affiliation from respondents 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 petitions are accordingly allowed in the aforesaid terms. 7 (vi) Respondent-University/Board will be at liberty to move this Court for modification/clarification of this order, in case the need arises. Steno copy is allowed. JUDGE JUDGE Gulande