Jamiaislamia Trusts Jamia ... vs The State Of Maharashtra And ...
2017 Latest Caselaw 3600 Bom

                                                    Writ Petition No.7819/2017
                                        1


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               BENCH AT AURANGABAD


                     WRIT PETITION NO. 7819 OF 2017


 Jamia Islamia Trust's
 Jamia College of Pharmacy (Institute)
 Akkalkuwa, Taluka Akkalkuwa
 District Nandurbar
 Through Its Authorised Officer,
 Mr. Deshmukh Mohd. Rehan,
 Age. 30 years, Occu.Service,
 R/o Akkalkuwa, Taluka Akkalkuwa,
 District Nandurbar.                          ...      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.

 5.       Maharashtra State Board of Technical Education
          49, Govt. Polytechnic Building, Kherwadi,
          Bandra (East) Mumbai.              ...   RESPONDENTS



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                                                      Writ Petition No.7819/2017
                                        2


                               .....
 Shri.D.S.Bagul, Advocate for petitioner
 Shri.A.V.Deshmukh, AGP for State
 Shri.S.V.Adwant, Advocate for respondent No.3
                               .....


                               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

2014-2015 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 17/7/2014, 30/6/2015 and

23/6/2016. 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

Writ Petition No.7819/2017

Kamlatai College of Architecture Vs. State of Maharashtra & ors.),

considering the scheme, purpose and object of AICTE and its

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 dated 5/6/2017 (Exh.M) passed by the respondent No.2 in respect of variation made in the intake capacity of petitioner College for Diploma Pharmacy Course may kindly be quashed and set aside and the respondents be directed to allot the intake capacity approved by the AICTE.

(b) Respondent Nos.4 and 5 are directed to grant affiliation/ permission to petitioner to start college for the academic year 2017-2018, as approval/ sanctioned by the AICTE by order dated 30/3/2017 forthwith.

Writ Petition No.7819/2017

(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. The parties to act on the authenticated copy of this

order.

            (SUNIL K. KOTWAL)                         (ANOOP V. MOHTA)
                JUDGE                                     JUDGE



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