1 W.P.No.5681 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.5681 Of 2011 * Gramodyogic Shikshan Mandals' Marathwada Institute of Technology, P.B. No.327, Satara Road, Aurangabad, Through its Principal Rajendrakumar Girdharilal Tated, Age 47 years, Occupation : Service as Principal, R/o The Venus, Mustafabad, Taluka and District Aurangabad. .. 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, 3, Mahapalika Marg, Dhobi Talav Mumbai - 400 001. 2 W.P.No.5681 of 2011 5) Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, Through its Registrar. .. Respondents. -------- Shri. A.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. K.M. Suryawanshi, Advocate, for respondent No.5. -------- CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 4th AUGUST 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. & 3 W.P.No.5681 of 2011 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 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) The petitioner-Society/Trust had filed Writ Petition No.5414 of 2011 for seeking similar relief in respect of the following courses : (1) UG - Computer Science and Engineering. (2) PG - Electronics and Communication Engineering (Embedded System). (3) PG - Civil Engineering (Structural Engineering). (4) PG - Master in Computer Application. 4 W.P.No.5681 of 2011 At that stage, since no communication was received in respect of UG - Mechanical Engineering, 2nd Shift, and UG - Civil Engineering, 2nd Shift, the petitioners have filed the present writ petition. 5) We have perused the writ petition. The petitioner-Society/Trust applied to respondent No.1 - All India Council for Technical Education (for short, "AICTE"), for starting new UG courses in Mechanical Engineering, 2nd Shift, and Civil Engineering, 2nd Shift, with intake of 60 each as per the provisions of the All India Council for Technical Education Act 1987. Copies of the letters produced by Mr. Alok Sharma, Standing Counsel for AICTE dated 27-7-2011 and 4-8-2011 of the Western Regional Office, AICTE, Mumbai, are taken on record and marked as "X" and "X-1" 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 has already approached respondent No.5-University for seeking affiliation after grant of approval. Learned counsel for the petitioner seeks 5 W.P.No.5681 of 2011 directions to respondent No.5-University to consider their application for seeking affiliation within time frame. Keeping in view the order dated 18th July 2011 passed in 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 No.5 - 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.3-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 published for the academic year 2011-2012 and respondent No.4-Director of Technical Education shall forthwith include the petitioner-College for Centralized Admission 6 W.P.No.5681 of 2011 Process for new UG courses in Mechanical Engineering, 2nd Shift, and Civil Engineering, 2nd Shift, with intake of 60 each for 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.5-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. 7 W.P.No.5681 of 2011 (v) Respondent No.5-University shall consider and decide the application of the petitioner for seeking affiliation on merits and in accordance with law expeditiously having regard to the schedule of admission. It is needless to mention that for considering the application for affiliation respondent No.5-University shall follow the due procedure. (vi) Rule is made absolute in the aforesaid terms. (vii) Respondent No.5 -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