(1.) IN these proceedings under Article 226 of the Constitution, there is a challenge to an order dated 7 January 2011 issued by the All INdia Council for Technical Education, the First Respondent, withdrawing the approval granted to the First Petitioner to conduct an Engineering College. The Petitioners seek a mandamus to the First Respondent to approve a proposal submitted on 24 May 2008 for a change in the location of the Engineering College. A direction has been sought to the State Government, the Directorate of Technical Education and the University of Mumbai to grant their 'No Objection' Certificate to the proposal for a change in location.
(2.) THE First Petitioner was granted approval for setting up an Engineering College by the First Respondent on 11 June 1994 with an intake capacity of 140 students for the academic year 1994-95. THE College was situated on land bearing Survey No. 27 (part) at Kasarvadavali, Ghodbunder Road in the District of Thane. THE College is affiliated with the University of Mumbai and was granted approval by the Directorate of Technical Education of the State Government. Between 1994 and 2008, the College continued in premises for which it was approved and annual approvals were issued by the First Respondent.
(3.) FOLLOWING the issuance of a notice to show cause, the engineering college was not included in the Centralised Admissions Process by the State Government. The Petitioners filed a Petition (Writ Petition No. 1776 of 2010)under Article 226 of the Constitution of India. By a judgment and order dated 11 August 2010, a Division Bench presided over by the Learned Chief Justice noted that though the Petitioners had submitted a reply to the notice to show cause, no decision had been taken by AICTE but when the admissions process was to commence, the Director of Technical Education was instructed not to include the engineering college in the list of participating colleges. Since no decision had been taken on the notice to show cause, the Division Bench set aside the communication issued by the Director of Technical Education informing the Petitioners that the college would not be included in the Centralised Admissions Process. The Director of Technical Education was called upon to permit the College to participate in the admission rounds.