gopi 1 wp-5673-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5673 OF 2011 Modern Education Society's College of Engineering .. Petitioner vs All India Council for Technical Education & ors.. Respondents Mr.. Girish Kulkarni i/b Mr.Sandeep Waghmare for petitioner Mr. V.D.Patil A.G.P for Respondent-State Mr.Rui Rodrigues for AICTE CORAM: MOHIT S. SHAH, C. J. AND GIRISH GODBOLE, J DATE: 26 July 2011 P.C. 1. The order dated 25 July 2011 is hereby recalled and a fresh order is being passed. 2. The petitioner is an existing college running engineering courses in several branches. While there is no increase in take capacity of other branches in Electronics and Telecommunications engineering branch, recently AICTE has granted approval to the petitioner-college on 2 July 2011 for increase in take capacity from 45 to 120 seats. Hence, following directions shall apply to the said additional in take capacity for the year 2011-2012. OPERATIVE ORDER i) Written undertakings of the Chairman and Secretary of Petitioner- Society not to admit any student and accept fees till the Electronics & gopi 2 wp-5673-11.sxw Telecommunication Engineering Course 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-State shall accordingly issue appropriate Government Resolution notifying the Electronics & Telecommunication Engineering Course of the petitioner College as approved by AICTE in the list of such colleges for centralized process for the academic year 2011-2012 and respondent-Director of Technical Education shall forthwith include the said Electronics & Telecommunication Engineering Course of the petitioner-college for giving admissions for the academic year 2011-2012 and to display the name of said course of the petitioner- college on its website along with other colleges. This additional information regarding the status will be published by DTE before commencement of Centralized Admission Process Round II. iii) It is further directed that Petitioner-College shall not admit any student and accept the fees in the said course 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 gopi 3 wp-5673-11.sxw of the petitioner college for affiliation of the said Electronics & Telecommunication Engineering Course is pending with concerned University and that no student shall be admitted by petitioner college in the said course 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. Parties to act on a copy of this order duly authenticated by the registry of this Court. CHIEF JUSTICE GIRISH GODBOLE, J