Writ Petition No. 5806 of 2011 · Bombay High Court
Judgment
Shri. Sanjibhai Rupjibhai Memorial Trust and anr. Director of Tech. Education, M.S. And ors. Vs. ..Petitioners. ..Respondents. Mr.L.M.Acharya i/by R.,Shekhawat for the Petitioners. Mr.Rui Rodrigues for AICTE. Mr.S.R.Shinde, Addl.G.P. for Respondent State. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 29 July 2011 PC: The petitioner No.2 is an existing college of Pharmacy running Post Graduate course in Pharmacy. Recently, the petitioner No.2 college has been granted approval for the academic year 2011-2012 for commencing course of M. Pharmacy with 18 seats in subject of Pharmaceutics for the academic year 2011-2012. Hence, for the reasons recorded in our order dated 18 July 2011 passed in Writ Petition No.5455 of 2011 following directions shall apply for the said course with 18 students for the academic year 2011-2012. ASN 2 ORDER WP-5806.sxw i) Written undertakings of the Chairman and Secretary of Petitioner No.1 not to admit any student and accept fees for the aforesaid seats 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 weeks from today. ii) State of Maharashtra shall accordingly issue appropriate Government Resolution notifying the aforesaid seats in petitioner college as approved by AICTE in the list of such colleges for centralized process for the academic year 2011-2012 and Director Technical Education shall forthwith include the aforesaid seats of petitioner college for centralized admission process for the said course in M. Pharmacy for the academic year 2011-2012 and to display the details of said seats of Petitioner College on its website along with other colleges for CAP. Iii) It is further directed that Petitioner College shall not admit any student and accept the fees in the said seats before getting the affiliation from respondent University in respect of intake capacity 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. ASN 3 WP-5806.sxw 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 in respect of aforesaid seats is pending with the concerned University and that no student shall be admitted by petitioner college in the aforesaid seats without getting such affiliation. v) vi) 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. Parties to act on a copy of this order duly authenticated by the registry of this Court. CHIEF JUSTICE GIRISH S. GODBOLE, J.
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