- 1 - 5699 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5699 OF 2011 1. Womens. Education Society having regd. Address at C/o Smt. Mathubai Garware Kanya Mahavidyalaya Sangli 416 416. 2. Abasaheb Garware Inst. of Management Studies having address at C/o Smt Mathubai Garware Kanya Mahavidyalaya Sangli-416 416. .. Petitioners vs 1. Director of Tech.Edn for M.S.3, Mahapalika Marg, Dhobi Talao, Mumbai-400 001. 2.State of Maharashtra thr. Dept of Higher & Tech, Edn, Mantralaya, Mumbai. 3.All India Council for Technical Education (AICTE) having its main office at 7th fl,Chandralok Bldg, Janpath, New Delhi-110 001 & Western Reg.office in Mumbai 4. Shivaji University, Kolhapur - 2 - 5699 .. Respondents Mr. I.M.Acharya i.b.Mr.Ranvir Shekhawat for petitioners Mr. S.R.Shinde A.G.P. For Respondent nos. 1 and 2 State & DTE Mr. Rui Rodrigues for AICTE Respondent no. 3 CORAM: MOHIT S.SHAH, C.J. AND GIRISH GODBOLE, J DATE: 25 July 2011. ORAL JUDGMENT: 1. Rule returnable forthwith and petition taken up for hearing with consent of the petitioners and respondent nos. 1 to 3. Service of Rule on Respondent no.4 is waived in view of the order we propose to pass. 2. Mr.R.A.Rodrigues learned counsel waives service of notice on behalf of respondent no.3 and Mr.S.R.Shinde Additional Government Pleader waives service of notice on behalf of respondent nos.1 and 2. 3. The learned counsel for the petitioners states that the facts giving rise to this petition are similar to the facts in writ petition NO.5455 of 2011. The learned counsel for the petitioners states that the petitioners herein had made an application to the AICTE for approval to start their Management College for MBA course before the extended date 15 April 2011. The learned counsel further states that the petitioners have been granted approval by AICTE on 14/7/2011 - 3 - 5699 but the Director of Technical Education has not accepted their request to include their college in the list of institutions approved by AICTE for the purpose of Centralized Admission process for the academic year 2011-2012 and hence, the petitioners have moved this court for appropriate directions to the State of Maharashtra and the Director of Technical Education to forthwith issue appropriate government resolutions approving the petitioner no.2 college for the academic year 2011-2012 and publish the same in the Government Gazette, to include the petitioner no.2 college in Centralized Admission Procedure for the Ist year MBA courses approved by AICTE for the academic year 2011-2012 and display the name of the petitioner no.2 on its website. 4. It is further stated that the petitioners have made application to the concerned university for affiliation and their affiliation application is pending with the university only because the concerned university was waiting for AICTE approval which has been granted very recently on 14/7/2011. 5. Considering the facts and circumstances of this case and for the reasons indicated in the order rendered in Writ Petition No.5455 of 2011, we allow this petition and proceed to pass following order. 6. The petitioner no.2 has recently been granted approval by the AICTE for starting Management college in MBA course with intake capacity of 60 seats for the Academic year 2011-2012. Hence, following directions shall apply to the petitioner-college for MBA - 4 - 5699 courses with intake capacity of 60 seats for the Academic year 2011-2012. ORDER (i) Written undertakings of the Chairman and Secretary of Petitioner no.2 not to admit any student and accept fees 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 college as approved by AICTE in the list of such colleges for centralized admission process to be published today for the academic year 2011-2012 and Director of Technical Education shall forthwith include the petitioner college for Centralized Admission Process for the Master in Business Administration (MBA) courses 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 CAP Round II 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 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 - 5 - 5699 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 modification/clarification of this order, in case the need arises. This order is dictated in presence of the learned Additional Government Pleader Mr.S.R.Shinde. Parties to act on a copy of this Judgment duly authenticated by the registry of this Court. Rule made absolute accordingly. CHIEF JUSTICE GIRISH S.GODBOLE, J