The Shirpur Education Society, Shirpur And Another v. The State Of Maharashtra And Others

UNREPORTED

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.4918 OF 2014

1. Shirpur Education Society, Shirpur, Tq. Shirpur, through its Chairman, Shri Rajgopal Chandulal Bhandari, Aged 55 years, Occ.Business, R/o Shirpur, Tq.Shirpur, Dist.Dhule.

2. R.C.Patel Institute of Pharmacy Shirpur, through its Principal Dr.Sanjay Javarilal Surana, Age 43 years, Occ.Service, R/o Shirpur, Tq.Shirpur, Dist.Dhule.

... Petitioners.

Versus

1. The State of Maharashtra, through its Secretary, Higher Technical Education and Employment Department, Government of Maharashtra, Mantralaya, Mumbai-32.

2. The Director of Technical Education, Government of Maharashtra, 3, Mahapalika Marg, Mumbai-1.

3. All India Council for

Technical Education 7th floor, Chandralok Building, Janpath, New Delhi-11001, through its Member Secretary.

4. The Pharmacy Council of India,through its Registrarcum Secretary, Combined Council Building, Kotala Road, Ali Yavarjang Marg, New Delhi-110002.

...

Mr.Rakesh Jain, advocate holding for Mr.D.S.Bagul, advocate for the petitioner.

Mr.S.V.Adwant, advocate for Respondent Nos.1 and 2.

Smt.S.D.Shelke, Asstt. Govt. Pleader for the State.

Mr.Alok Sharma, Standing counsel for Respondent No.4.

...

CORAM : S.V.GANGAPURWALA & V.K.JADHAV,JJ.

Date : 06.07.2015.

ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1.

Heard.

2.

Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing.

3.

The dispute is about the intake capacity of the students of the petitioner College.

4.

The AICTE has granted permission to the petitioner Institution for admitting 180 students for first shift under graduate Pharmacy and 60 students for second shift under graduate Pharmacy for the year 2014-15 i.e 240 students. However, the Director of Technical Education had restricted the intake capacity of the petitioner to 100 students.

5.

This Court vide order dated 18.6.2014 had allowed the petitioner to admit total 240 students, in both shifts i.e. 180 in first shift and 60 in second shift, considering the interim order passed by the Apex Court in SLP(Civil) No.7277/2014 dated 9.5.2014.

6.

It is submitted that even for the academic year 2015-16, the Apex Court has passed interim order permitting AICTE to grant extension of approval. The said academic year 2014-15 has

come to an end. The interim order passed by the Apex Court is still in force.

7.

In light of the above, the Writ Petition is allowed in terms of the interim orders passed. No costs.

(V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.) asp/office/wp4918.14