Case Note & Summary
The petitioners, Sinhagad Technical Education Society and Sau Venutai Chavan Polytechnic College, filed a writ petition before the Bombay High Court seeking directions to the State of Maharashtra and the Director of Technical Education to include the additional intake capacity approved by the All India Council for Technical Education (AICTE) in the centralized admission process for the academic year 2011-2012. The petitioner no.2 college, an existing institution running diploma in engineering courses, had applied to AICTE for approval to increase its intake in Civil Engineering from 60 to 120 before the extended deadline of 15 April 2011. AICTE granted approval on 6 July 2011. However, the Director of Technical Education did not accept the request to include the additional seats in the list of institutions approved by AICTE for centralized admission. The petitioners also stated that their application for recognition by the Maharashtra State Board of Technical Education was pending because the Board was awaiting AICTE approval. The court, considering the facts and circumstances and relying on its earlier order in Writ Petition No.5455 of 2011, allowed the petition. The court directed the respondents to include the petitioner no.2 college in the centralized admission process for the increased intake capacity of 120 seats in Civil Engineering as approved by AICTE, to issue appropriate government resolutions, publish them in the Government Gazette, and display the college name on the website. The court held that AICTE approval must be given effect by State authorities for the purpose of centralized admissions, even if formal recognition by the State Board is pending.
Headnote
A) Technical Education - AICTE Approval - Effect on State Admission Process - All India Council for Technical Education Act, 1987 - AICTE granted approval for increase in intake capacity from 60 to 120 in Civil Engineering course on 6/7/2011 - State Director of Technical Education refused to include additional seats in centralized admission process - Court held that AICTE approval is binding and State authorities must give effect to it by including the college and additional seats in the admission process, even if recognition by State Board is pending - Petition allowed with directions to include petitioner no.2 college in centralized admission process and display on website (Paras 5-6).
Issue of Consideration
Whether the Director of Technical Education is obliged to include additional seats approved by AICTE in the centralized admission process even before formal recognition by the State Board of Technical Education
Final Decision
Petition allowed. Respondents directed to include petitioner no.2 college in centralized admission process for increased intake capacity of 120 seats in Civil Engineering as approved by AICTE for academic year 2011-2012, issue appropriate government resolutions, publish in Government Gazette, and display college name on website.
Law Points
- AICTE approval for increased intake must be given effect by State authorities for centralized admission
- pending recognition by State Board
