Case Note & Summary
The petitioners, Sinhagad Technical Education Society and Sinhagad Institute of Business Administration and Computer Application, filed a writ petition before the Bombay High Court seeking directions to the State of Maharashtra and the Director of Technical Education to include additional intake capacity of 120 seats (from 60 to 180) in the MBA course at petitioner no.2 college in the centralized admission process for the academic year 2011-2012. The petitioners had applied to the All India Council for Technical Education (AICTE) for approval of additional intake before the extended deadline of 15 April 2011. AICTE granted approval on 14 July 2011. However, the Director of Technical Education did not accept the petitioners' request to include the college in the list of AICTE-approved institutions for centralized admission. The petitioners also had a pending affiliation application with Pune University, which was awaiting AICTE approval. The court, relying on its earlier order in Writ Petition No.5455 of 2011, held that since AICTE had granted approval, the State was obligated to include the additional seats in the centralized admission process and publish the same in the Government Gazette. The court directed the respondents to issue appropriate government resolutions, include the additional seats in the centralized admission procedure, and display the college name on the website. The petition was allowed with no order as to costs.
Headnote
A) Education Law - Technical Education - Additional Intake Capacity - AICTE Approval - State Obligation - Petitioner no.2 college had existing approval for 60 seats in MBA course and sought increase to 180 seats - AICTE granted approval on 14/7/2011 but Director of Technical Education did not include the additional seats in centralized admission list - Court held that once AICTE grants approval, the State must include the additional seats in the centralized admission process and publish the same in Government Gazette - Pending affiliation with university does not prevent inclusion (Paras 1-6).
Issue of Consideration
Whether the Director of Technical Education can refuse to include additional intake capacity approved by AICTE in the centralized admission process for the academic year 2011-2012.
Final Decision
Petition allowed. Respondents directed to issue appropriate government resolutions approving additional 120 seats in MBA course at petitioner no.2 college for academic year 2011-2012, publish in Government Gazette, include in centralized admission procedure, and display on website. No order as to costs.
Law Points
- AICTE approval is sufficient for inclusion in centralized admission
- State cannot refuse to include additional seats after AICTE approval
- pending affiliation does not bar admission process
