Walchand College Of Engineering Sangli Throu. Director Udaykumar Dabhade And ANR v. State Of Maharashtra Throu. Its Principal Sec. Ministry Of Higher And Technical Education And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10526 OF 2024 Walchand College of Engineering, Sangli & Anr. .. Petitioners Vs.

State of Maharashtra, Through Ministry of Higher and Technical Education, Mantralaya, Mumbai & Ors.

.. Respondents Mr. Shailesh Naidu with Ms. Viloma Shah, Mr. Ativ Patel and Mr. Harshad Vyas, Advocates, i/by AVP Partners, for the Petitioners. Mr. N.C. Walimbe, Additional Government Pleader, with Ms. Kavita N. Solunke, Assistant Government Pleader, for the Respondent-State of Maharashtra.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 26TH JULY, 2024.

P.C. :

1.

Not on board. Upon mentioning, taken on production board. 2.

The petitioners having been granted necessary approval by the All India Council for Technical Education - AICTE on 13th May 2024 to undertake the courses indicated in the aforesaid communication seek a direction to be issued to the respondent no.1 to publish Government Resolution in that regard so as to enable the petitioners to undertake the process of admission for the academic year 2024-25. It is submitted that in view of the approval dated 13th May 2024, it was incumbent upon the respondent no.1 to have issued the relevant Government Resolution. 3.

The petitioners undertook communication with the Directorate of Technical Education but there has been no response favouring the 1/2 502-WP-10526-2024-Corrected Order Pursuant to Speaking to Minutes Order dt.30-07-2024.doc Dixit

petitioners. It is pointed out that as per the communication dated 19th July 2024, today is the last date for uploading of necessary information on the official website which is maintained by the Directorate of Technical Education which would enable choice of this institution to be indicated for undertaking education. Reliance is placed on the judgment of the Division Bench in Writ Petition No.5816 of 2014, dated 9th July 2014 (Dr. D.Y. Patil Pratishthan's Padmashree Dr. D.Y. Patil Polytechnic, Kolhapur Vs. Directorate of Technical Education, Maharashtra State and Ors.). 4.

Leave granted to implead the CET Cell as respondent in the writ petition. Amendment be carried out forthwith. Issue notice to the respondents, returnable on 16th August 2024.

5.

Prima facie, considering the approval granted by the AICTE on 13th May 2024, it was incumbent upon the State Government to have taken necessary steps to enable the Institutions to participate in the admission process for the academic year 2024-25. There shall be ad-interim relief in terms of prayer clause (A)-(i), subject to outcome of the writ petition and at the risk of the petitioners. The necessary steps be taken by the respondents to comply with the interim directions forthwith. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] Digitally signed by SNEHA ABHAY DIXIT Date:

2024.07.30 17:38:30 +0530 2/2 Dixit SNEHA ABHAY DIXIT 502-WP-10526-2024-Corrected Order Pursuant to Speaking to Minutes Order dt.30-07-2024.doc