Panchakroshi Shikshan & Anr. v. Director of Technical Education

Mr. L.M. Acharya i/b. Satyam Acharya for petitioners. Mr. Rui Rodrigues for AICTE Mr.S.R. Shinde, A.G.P.for respondent State & DTE CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 4 August 2011 PC: The petitioner No.2-College is an existing college which has recently been granted approval by the AICTE for increase in intake capacity from 60 seats to 120 seats in Diploma in Mechanical Engineering. For the reasons recorded in our order dated 18 July 2011 passed in Writ Petition No.5455 of 2011 this petition is allowed and following directions shall accordingly apply to the said additional intake capacity of the aforesaid courses for Academic Year 2011-12:- OPERATIVE ORDER i) Written undertakings of the Chairman and Secretary of Petitioner No.1 not to admit any student and accept fees for the aforesaid course till the college is granted permission by respondent-Board and till 2 wp-6320-11.sxw 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 No.2State of Maharashtra shall accordingly issue appropriate Government Resolution notifying the additional seats in petitioner College as approved by AICTE for the centralized admission process for the academic year 2011-2012 and respondent No.1 Director of Technical Education shall include the aforesaid course of petitioner- college for Centralized Admission Process for the first year Engineering Diploma Course 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 for Common Admission Process. iii) It is further directed that Petitioner-College shall not admit any student and accept the fees before getting the permission from respondent No.4 Board 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 permission is pending with the concerned Board and that no student shall be admitted by petitioner college without getting such permission. 3 wp-6320-11.sxw v) The petition is accordingly allowed in the aforesaid terms. vi) Respondent-Board 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.