1 W.P.No.5594 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.5594 Of 2011 * Swami Ramanand Teerth Marathwada University, 'Dnyanteerth', Vishnupuri, Nanded Through its authorized person: Dr. Surendra Ganeshlal Gattani, Age 37 years, Occ: Service as Director, School of Pharmacy, R/o. Mahavir Society, Nanded, Taluka and District Nanded. .. Petitioner. Versus 1) The All India Council for Technical Education (a statutory body of Government of India) 7th floor, Chandralok Building, Janpath, New Delhi 110 001. 2) The Regional Officer, AICTE, Western Regional Office, 2nd Floor, Industrial Assurance V.N. Road, Opposite Church Gate, Railway Station Church Gate, Mumbai 400 020. 3) The State of Maharashtra Through Principal Secretary, Higher & Technical Education Department, Mantralaya, Mumbai - 32. 4) Director of Technical Education, for Maharashtra State, 3, Mahapalika Marg, Dhobi Talav Mumbai - 400 001. .. Respondents. 2 W.P.No.5594 of 2011 Shri. R.V. Ghuge, Advocate holding for Shri. Atul M. Karad, Advocate for the petitioner. Shri. Alok Sharma, Assistant Solicitor General, for respondent Nos.1 and 2. Smt. A.V. Gondhalekar, Assistant Government Pleader, for respondent Nos.3 and 4. Shri. S.S. Jadhavar, Advocate, for respondent No.5. -------- CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 29th 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) We have perused the writ petition. The petitioner-University is seeking directions to respondent No.4-Director of Technical Education Mumbai to incorporate its name in the Centralized Admission Process for the academic year 2011 - 2012 for the UG course in Pharmacy with intake of 60 and PG level courses in (1) 3 W.P.No.5594 of 2011 Pharmaceutical Chemistry, (2) Pharmaceutics, (3) Pharmacology and (4) Quality Assurance with intake of 18 each on its official website. The petitioner-University claims that the AICTE has already granted approval for running the aforementioned courses. There is no dispute that to run such courses is one of the functions of the petitioner-University as University Departments. Further there is no dispute that the AICTE has granted approval after following the due procedure, namely, by inspecting the infrastructure and other related facilities. In this background, Mr.Ghuge, learned counsel for the petitioner submitted that this petition may be disposed of in view of the judgment dated 18th July 2011 passed by the Principal Bench at Mumbai in Writ Petition No.5455 of 2011 (Coram: Mohit S Shah, C.J. and Girish S. Godbole, J.). 3) Learned counsel for the respondents have not disputed the aforementioned submissions made by Mr. Ghuge and fairly submitted that this petition can also be disposed of in view of the order dated 18th July 2011 passed in Writ Petition No.5455 of 2011. 4 W.P.No.5594 of 2011 4) Mr. Ghuge, learned counsel for the petitioner- University submits that the petitioner being an University and proposes to establish a University Department for the aforementioned subjects they need not seek affiliation of their own University or any other body established by law. This statement of Mr. Ghuge has not been disputed by learned counsel for the respondents. 5) The petitioner-University has been granted approval to run the aforementioned courses as a University Department and they have the entire infrastructures and related facilities for running those courses. In the circumstances, we dispose of this writ petition by the following order. (i) Learned counsel for the petitioner-University undertakes on behalf of the petitioner-University that they will comply with Regulation No.4.22 of the AICTE (Grant of Approvals for Technical Institutions) Regulation 2010. Their undertaking is recorded and accepted. In addition thereto, the petitioner-University is also directed to place on record a written undertaking of the Registrar to this 5 W.P.No.5594 of 2011 effect within a period of two weeks from today with an advance copy thereof to the Advocates for the respondents. (ii) Respondent No.3-State of Maharashtra shall accordingly issue appropriate Government Resolution notifying the petitioner-University as approved by AICTE in the list of such colleges/universities for centralized admission process which is already published for the academic year 2011-2012. Respondent No.4-Director of Technical Education shall forthwith include the petitioner- University for Centralized Admission Process for UG course in Pharmacy with intake of 60 and PG level courses in (1) Pharmaceutical Chemistry, (2) Pharmaceutics, (3) Pharmacology and (4) Quality Assurance with intake of 18 each for the academic year 2011-2012 and to display the name of the petitioner-University on its website along with other colleges/Universities. (iii) It is further directed that petitioner-University shall not admit any student and accept the fees before complying with Regulation No.4.22 of AICTE (Grant of Approvals for Technical Institutions) Regulation 2010. 6 W.P.No.5594 of 2011 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) Rule is made absolute in the aforesaid terms. 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