Case Note & Summary
The petitioner, Modern Education Society's College of Engineering, Pune, filed a writ petition seeking directions to the State of Maharashtra and the Director of Technical Education to include additional seats in the Electronics and Telecommunications branch for the academic year 2011-2012 in the centralized admission process. The college had applied to AICTE for increase in intake capacity from 45 to 120 seats before the extended date of 15 April 2011. AICTE granted approval on 2 July 2011. However, the Director of Technical Education did not accept the request to include these additional seats in the list of institutions approved by AICTE for centralized admission. The college also applied to the University of Pune for affiliation of additional seats, which was pending due to waiting for AICTE approval. The court, considering the facts and relying on its earlier order in Writ Petition No.5455 of 2011, allowed the petition. It directed the State authorities to issue government resolutions approving the additional seats, publish the enhanced capacity in the Government Gazette, include the seats in the centralized admission procedure, and display the college name on the website. The court also required the college to file written undertakings from its Chairman and Secretary regarding compliance with AICTE norms.
Headnote
A) Technical Education - Increase in Intake Capacity - AICTE Approval - State Obligation - All India Council for Technical Education Act, 1987 - The petitioner, an existing engineering college, applied for increase in intake capacity in Electronics and Telecommunications branch before the extended date of 15 April 2011. AICTE granted approval on 2 July 2011 for increase from 45 to 120 seats. The Director of Technical Education refused to include these additional seats in the centralized admission process. The court held that since AICTE had granted approval, the State authorities were bound to include the additional seats and issue necessary government resolutions. (Paras 3-6)
Issue of Consideration
Whether the Director of Technical Education can refuse to include AICTE-approved additional seats in the centralized admission process for the academic year 2011-2012
Final Decision
Petition allowed. Directions issued to State authorities to issue government resolutions approving additional seats, publish enhanced capacity in Government Gazette, include seats in centralized admission procedure, and display college name on website. Petitioner to file written undertakings of Chairman and Secretary.
Law Points
- AICTE approval is sufficient for increase in intake capacity
- State authorities must include additional seats in centralized admission process
- Director of Technical Education cannot refuse to include AICTE-approved seats
