Nagaon Education Societys ... vs The State Of Maharashtra And ...
2017 Latest Caselaw 3765 Bom

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


                     WRIT PETITION NO.8252 OF 2017



 Nagaon Education Society's
 Gangamai College of Pharmacy,
 At Nagaon, Taluka and District Dhule,
 through its Vice Principal,
 Shri Gopichand Kashiram Bhoi
 Age 41 years, Occ. Service,
 R/o 24, Oswal Nagar, Deopur, Dhule,
 Taluka and District Dhule                    ...      PETITIONER

          VERSUS

 1.       The State of Maharashtra,
          through the Secretary for
          Higher and Technical Education
          Department, Mantralaya,
          Mumbai.

 2.       The Director of Technical Education,
          3, Mahapalika Marg,
          Maharashtra State, Mumbai.

 3.       Pharmacy Council of India,
          Combined Council Building,
          Kotla Road,
          Aiwan-E-Ghalib Marg,
          New Delhi - 110 002

 4.       North Maharashtra University,
          Umavi Nagar,
          Jalgaon, Maharashtra - 425 001      ...      RESPONDENTS

                                   .....
 Shri   V.D. Hon, Senior Counsel with
 Shri   A.V. Hon, Advocate for petitioner
 Shri   A.V. Deshmukh, A.G.P. for State
 Shri   A.B. Girase, Advocate for respondent No.4
                                   .....




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                                  CORAM:       ANOOP V. MOHTA AND
                                               SUNIL K. KOTWAL, JJ.

DATED: 29th June, 2017.

ORAL JUDGMENT (Per Anoop V. Mohta, J.):

1. Rule. Rule made returnable forthwith and heard

finally with the consent of learned counsel for the parties.

2. 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 4/7/2014, 29/1/2015,

3/7/2015, 14/7/2015 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.

3. This Bench, in Writ Petition No.6259/2017 (Shri Vile

Parle Kelvani Mandal Vs. State of Maharashtra & others) and Writ

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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

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) Issue a writ of certiorari or writ in the nature of

certiorari to quash and set aside the display made by the

Director of Technical Education on 23/6/2017 for the

CAP round showing the intake of the petitioner

Pharmacy College as 60 instead of showing intake of 120

as approved by the AICTE, New Delhi.

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(b) Respondent Nos.3 and 5 are directed to grant affiliation/

permission to petitioner to start college for the academic

years 2014-2015, 2015-2016, 2016-2017 and 2017-

2018, as approval/ sanctioned by the AICTE by order

dated 30/4/2017 forthwith.

(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.5 to have complete inspection, if

necessary, within two weeks and deficiencies, if any,

need to be removed at the earliest by the petitioner

institution.

4. 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.

5. Respondents also to intimate to the students about

the pendency of the issue in the Court.

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6. Rule made absolute in above terms.

7. Parties to act upon authenticated copy of this order.

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



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