1 W.P.No.5412 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.5412 Of 2011 * Sai Shikshan Sanstha's Ambarwadikar's Institute of Technology, Gut No.59,60, Nagar Road, Toll Plaza, Waluj, Aurangabad, Through it's Secretary Suryakant s/o Vithalrao Ambarwadikar, Age 36 years, Occupation : Business, R/o Samarthnagar, Aurangabad, District Aurangabad. ... Petitioner. Versus 1) The State of Maharashtra, Through the Directorate of Technical Education, Director, Technical Education, Maharashtra State, Mumbai, 3, Mahapalika Marg, P.B. No.1967, Mumbai-400 001. 2) All India Council for Technical Education, New Delhi. Through Regional Officer, WRO of AICTE, Mumbai. 3) Dr. Babasaheb Ambedkar Marathwada University, Aurangabad Through it's Registrar, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. ... Respondents. -------- 2 W.P.No.5412 of 2011 Shri. A.S. Shelke, Advocate for the petitioner. Shri. K.M. Suryawanshi, Advocate, for respondent No.1. Shri. Alok Sharma, Assistant Solicitor General, for respondent No.2. Shri. S.P. Salgar, Advocate, holding for Shri. S.S. Thombre, for respondent No.3. -------- CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 27th JULY 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 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 3 W.P.No.5412 of 2011 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 can 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.2-All India Council for Technical Education (for short, "AICTE"), for approval for starting new college for UG courses in Computer Engineering, Civil Engineering, Electrical Engineering and Electronics & Telecommunication Engineering with intake of 60 each as per the provisions of the All India Council for Technical Education Act 1987. Mr. Shelke, learned counsel for the petitioner, submits that the petitioner had also applied for approval for starting new course in Mechanical Engineering with intake of 60. 4 W.P.No.5412 of 2011 However, through inadvertence, either in their application or in the letter dated 26-7-2011 submitted by Mr. Sharma, Assistant Solicitor General, showing the grant of approval, the course of Computer Engineering is mentioned twice. He, therefore, submits that, the petitioner will approach the AICTE for seeking rectification. It is open to the petitioner to get it rectified, if they so desire. We are, however, making it clear that we are passing the order only in respect of the aforementioned four courses with intake of 60 each. A copy of the letter produced by Mr. Alok Sharma, Standing Counsel for AICTE dated 26th July 2011 of the Western Regional Office, AICTE, Mumbai, is taken on record and marked as "X" for identification. There is no dispute that the AICTE has granted approval to the petitioner as per the decision taken at the meeting held on 12th July 2011 and the decision was put on the website of the AICTE on 14th July 2011. The petitioner undertakes to approach respondent No.3-University for seeking affiliation after grant of approval. Learned counsel for the petitioner seeks directions to respondent No.3-University to consider their application for seeking affiliation within time frame. Keeping in view the order dated 18th July 2011 passed in 5 W.P.No.5412 of 2011 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 No3-University 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.1-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 to be published for the academic year 2011-2012 and the Director of Technical Education shall forthwith include the petitioner-College for Centralized Admission Process for new UG courses in Computer Engineering, Civil Engineering, Electrical Engineering and Electronics & Telecommunication Engineering with intake of 60 each for 6 W.P.No.5412 of 2011 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.3-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, 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 the concerned University and that no student shall be admitted by petitioner-College without getting such affiliation. (v) Respondent No.3-University shall consider and decide the application of the petitioner for seeking affiliation on 7 W.P.No.5412 of 2011 merits in accordance with law expeditiously having regard to the schedule of admission. It is needless to mention that while dealing with the application for affiliation respondent No.3-University shall follow the due procedure. (vi) Rule is made absolute in the aforesaid terms. (vii) Respondent No.3 -University 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