ASN v. Directorate of Technical Education & Ors.

Mr. L.M.Acharya i/by R.S. Shekhawat for the Petitioners. Mr. V.D.,Patil, G.P. for Respondent Nos. 1 and 2. Mr.R.A. Rodrigues for Respondent No.3-AICTE. Mr.S.V.Kolla,O.S.D. of D.T.E. is present. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 20 July 2011 PC: The petitioner -college is an existing Management college which has recently been granted approval by the AICTE for 60 seats in MBA course for the academic year 2011-2012. For the reasons recorded in our order dated 18th July 2011 passed in Writ Petition No.5455 of 2011, following directions shall accordingly apply to the said intake capacity of the aforesaid course for the academic year 2011-12. 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. ASN 2 WP-5497.sxw ii) Respondent No.2 State of Maharashtra shall accordingly issue appropriate Government Resolution notifying the petitioner No.2 College as approved by AICTE in the list of such colleges for centralized admission process for the academic year 2011-2012 and respondent- Director of Technical Education shall forthwith include the petitioner- college for Centralized Admission Process for the first year MBA Course for the academic year 2011-2012 and to display the name of Petitioner- College on its website along with other colleges. The 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 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. . ASN v) vi) 3 WP-5497.sxw The petition is accordingly allowed in the aforesaid terms. 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 Government Pleader Mr. Patil who is instructed by Mr. S.V. Kolla, Officer on Special Duty of Director of Technical Education who is present in Court. Parties to act on a copy of this order duly authenticated by the registry of this Court. CHIEF JUSTICE GIRISH S. GODBOLE, J.