- 1 - 5607 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5607 OF 2011 Sou.Sushila Danchand Ghodawat Charitable Trust & anr .. .Petitioners vs 1) Directorate of Technical Education & ors.... Respondents Mr S.C.Naidu with Mr. Y.C.Naidu and Mr. Saurabh Kulkarni for Petitioners Mr. Rui Rodrigues for Respondent no.3 AICTE 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 P.C. 1. Leave to add the Trust which runs the petitioner-College. Petitioner no.1 and the present petitioner to be shown as petitioner no.2. Amendment to be carried out forthwith. OPERATIVE ORDER 2. The petitioner no.2 is an existing college running the courses in engineering and management. Recently, the petitioner no.2 college has been granted approval by the AICTE for the following courses: - 2 - 5607 Courses 1. Second Year direct (lateral entry) Engineering intake 60 students 2. Second year direct (lateral entry) Computer Science Engineering (60) ______________________________________________________ 3. Undergraduate Electrical Engineering (60) 3. Hence, following directions shall apply in respect of the above courses/additional capacity: (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-University 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) Respondent No.2 State of Maharashtra shall accordingly issue - 3 - 5607 appropriate Government Resolution notifying the petitioner No.2 College as approved by AICTE in the list of such colleges for centralized process to be published today for the academic year 2011-2012 and respondent No.1 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 status will be published by DTE before commencement of the 2nd Round of centralised admission process. iii) It is further directed that Petitioner-College shall not admit any student and accept the fees before getting the affiliation from respondent No.4 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 petition is accordingly allowed in the aforesaid terms. vi) Respondent-University will be at liberty to move this Court for - 4 - 5607 modification/clarification of this order, in case the need arises. 4. As regards approval granted by the AICTE for starting post graduate course in Civil Engineering, it will be open to the petitioners to file a separate petition for seeking appropriate reliefs, if necessary. Parties to act on a copy of this order duly authenticated by the registry of this Court. CHIEF JUSTICE GIRISH GODBOLE, J