Bombay High Court
Shri Vile Parle Kelvani Mandal ... vs The State Of Maharashtra And ... on 21 June, 2017
Bench: Anoop V. Mohta
WP 6281/17
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.6281/2017
Shri Vile Parle Kelvani Mandal,
a Society registered under the
Societies Registration Act, 1860 and
also a Public Charitable Trust
registered under the Bombay Public
Trust Act, 1950 having its office
at Shri Bhaidas Maganlal Sabhagriha
Building, North South Road No.1,
Juhu Scheme, Vile Parle (West),
Mumbai - 400056, through its
Constituted Attorney
Mr.Rajgopal Bhandari.
...Petitioner..
Versus
1] The State of Maharashtra,
through Principal Secretary,
Higher & Technical Education
Department, 4th Floor, Mantralaya Annex,
Madam Cama Road, Nariman Point,
Mumbai-400032.
2] Directorate of Technical Education,
Maharashtra State, having its office at
Samangaon Road, Nashik.
3] All India Council for Technical
Education, through its Western
Regional Office at 2nd Floor,
Industrial Assurance Building,
Veer Nariman Road, Opp.Churchgate
Railway Station, Mumbai - 400020.
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4] North Maharashtra University
incorporated under the Maharashtra
University Act, 1994 having its
office at Umavi Nagar,
Jalgaon - 425001.
Through its Registrar.
5]
Dr.Babasaheb Ambedkar Technological
University, incorporated under the
Maharashtra Vidyavihar, Lonera,
Dist.Raigad - 401403.
Through its Registrar.
...Respondents...
.....
Shri P.M. Shah, Senior Advocate i/b Shri S.R. Vakil and
Smt.Manoramam Mohanty, Advocates for petitioner.
Shri A.V. Deshmukh, AGP for respondent nos.1 & 2.
Shri S.V. Advant, Advocate for respondent no.3.
Shri Y.B. Bolkar, Advocate for respondent no.4.
Shri A.R. Borulkar, Advocate for respondent no.5.
.....
CORAM: ANOOP V. MOHTA &
SUNIL K. KOTWAL, JJ.
DATE: 21.06.2017
ORAL JUDGMENT (Per Anoop V. Mohta, J.) :
1] Heard learned counsel appearing for parties.
Rule made returnable forthwith. With the consent,
petition is taken for final hearing and disposal.
2] Petitioner, a minority institution, has applied
for degree course in engineering at Dhule for academic
year 2017-18 on 31.10.2016. Petitioner made an
application for affiliation initially to respondent no.4
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- University, but subsequently to concerned respondent
no.5 on 25.1.2017, but there was no communication /
reply. Petitioner on 4.2.2017 applied to AICTE for
starting new college, as referred above, so also to
respondent no.2. There was no communication from the
University. AICTE, however, by order dated 30.4.2017
granted the approval to start new college, so prayed.
Therefore, this petition on 30.4.2017.
3] In Writ Petition No.6259/2017, after hearing the
parties, considering similar facts and the questions /
objections raised by respondent - State and respondent
no.5, and referring to the judgments passed by the
Supreme Court as well as this Court, we have allowed said
petition today based upon the permission / approval so
granted by AICTE and thereby permitting the petitioner -
institution / society to start course for the academic
year 2017-18 at Dhule.
4] After considering the submissions so made in the
present petition by the parties appearing, for the same
reasons so recorded in Writ Petition No.6259/2017 and as
the present case is similarly placed, we are inclined to
allow this petition on similar lines. The reasons so
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recorded in Writ Petition No.6259/2017 be treated as part
and parcel of the reasons for this petition also.
Therefore, following order.
O R D E R
a] Respondent nos.2 and 5 are directed to grant
affiliation / permission to petitioner to start college
for the academic year 2017-18, as approved / sanctioned
by the AICTE by order dated 30.4.2017, forthwith.
b] Interim order passed by this Court dated
6.6.2017 is confirmed.
c] It is made clear that petitioner needs to comply
with all the formalities, including payment of fees as
early as possible.
d] Respondent no.5 University to have complete
inspection within 10 days. Deficiencies, if any, need
to be removed at the earliest before commencement of
session of this year by the petitioner institution.
e] Above order is made subject to final order of
the Supreme Court as it is stated that the issue of
supremacy of AICTE over Pharmacy Council and/or Council
of Architecture, is pending.
f] As the judgment / order is dictated in open
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Court in presence of all parties / learned counsel, the
concerned respondents need not wait for the certified
copy of judgment / order. They should act forthwith, as
ordered.
g] Rule is made absolute accordingly. No costs.
(SUNIL K. KOTWAL, J.) (ANOOP V. MOHTA, J.)
ndk/c2161710.doc
