Bombay High Court
The Shirpur Education Society ... vs The State Of Maharashtra And ... on 23 June, 2017
Bench: Anoop V. Mohta
Writ Petition No.6702/2016
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO.6702 OF 2016 WITH
CIVIL APPLICATION NO.7896 OF 2017
The Shirpur Education Society,
Shirpur, Taluka Shirpur,
R.C. Patel Institute of Pharmaceutical
Education & Research, Shirpur,
Through its Principal. ... PETITIONER
VERSUS
1. The State of Maharashtra
Through its Secretary,
Higher Technical Education and
Employment Department, Government of
Maharashtra, Mantralaya, Mumbai-400 032.
2. The Director of Technical Education,
Government of Maharashtra,
3, Mahapalika Marg, Mumbai-400 001.
(Copy of respondent No.1 and 2 to be
served on Govt. Pleader, High Court of
Bombay, Bench at Aurangabad)
3. All India Council for Technical Education,
7th Floor, Chandralok Building,
Janpath, New Delhi-110 001,
Through its Member Secretary.
4. The Pharmacy Council of India,
Through its Registrar Cum Secretary,
Combined Council Building, Kotala Road,
Ali Yavarjang Marg,
New Delhi-110 002. ... RESPONDENTS
.....
Shri.D.S.Bagul, Advocate for petitioner
Shri.A.V.Deshmukh, AGP for respondent No.1 & 2
Shri.S.V.Adwant, Advocate for respondent No.3
Shri.Bhushan Kulkarni, Advocate for respondent No.4
.....
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Writ Petition No.6702/2016
2
CORAM: ANOOP V. MOHTA AND
SUNIL K. KOTWAL, JJ.
DATED: 23rd June, 2017.
ORAL JUDGMENT (Per Anoop V. Mohta, J.):
1. The petitioner's education trust/ institution has filed
the present writ petition again as the respondents, specifically
respondents No.2 and 4, denying the prayed intake capacity, in
spite of orders passed by this Court from time to time since
2013-2014 till this date permitting the petitioner's college by
retaining intake capacity to the First Year Diploma in Pharmacy
based upon the AICTE order/ approval for the respective years,
including the academic year 2017-2018. We have noted all those
orders passed by this Court, dated 25/7/2013, 18/6/2014,
23/6/2015 and 27/6/2016. Therefore, there is no reason to
discontinue the said position on facts, specifically when the AICTE
being a supreme authority, has accorded sanction so required
including the intake capacity till this date.
2. This Bench, in Writ Petition No.6259/2017 (Shri Vile
Parle Kelvani Mandal Vs. State of Maharashtra & others) and Writ
Petition No.7706/2017 (Jijamata Shikshan Prasarak Mandal's
Kamlatai College of Architecture Vs. State of Maharashtra & ors.),
considering the scheme, purpose and object of AICTE and its
Writ Petition No.6702/2016
supremacy including the order passed by the Hon'ble Supreme
Court pending the issue of supremacy about AICTE and/or
Pharmacy Council and subject to the Supreme Court decision,
directed the respondents to grant affiliation/ permission to start
college for academic year 2017-2018, as approved and
sanctioned by AICTE. Therefore, for the same reason, and in
view of above factual position on record, the writ petition is
allowed to the following extent :
ORD ER
(a) The Writ Petition is allowed in terms of prayer clause
(B), which reads as under :
(B) By way of appropriate writ, order or direction in
the like nature, the impugned order (Exh.Q), dated
15/6/2016 passed by the respondent No.2 in respect of
variation made in the intake capacity of petitioner
College for B. Pharmacy Course for the academic year
2016-2017, may kindly be quashed and set aside and
the respondents be directed to allot the intake capacity
approved by the AICTE for the academic year 2016-2017
and 2017-2018.
(b) Respondent No.4 are directed to grant affiliation/
permission to petitioner to start college for the academic
years 2015-2016, 2016-2017 and 2017-2018, as
approval/ sanctioned by the AICTE by order dated
30/3/2017 forthwith.
Writ Petition No.6702/2016
(c) Petitioner needs to complete all formalities including
payment of fees, if any, to the respondents.
(d) The petitioner to comply with all the formalities and
remove all defects, if any.
(e) Respondent No.4 to have complete inspection, if
necessary, within two weeks and deficiencies, if any,
need to be removed at the earliest by the petitioner
institution.
3. This order is subject to final order of the Supreme
Court as the issue about the supremacy of AICTE over Pharmacy
Council and/or Council for Architecture is still pending. Rule is
made absolute in above terms.
4. Respondents also to intimate to the students about
the pendency of the issue in the Court.
5. In view of disposal of the Writ Petition, Civil
Application No.7896/2017 stands disposed of.
6. The parties to act on the authenticated copy of this
order.
(SUNIL K. KOTWAL) (ANOOP V. MOHTA)
JUDGE JUDGE
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