1. The applicants have taken out present application seeking below mentioned reliefs/directions:
"(A) This Hon'ble Court may be pleased to direct Opponents herein to take appropriate decision immediately pursuant to its order dated 20/12/2011 in Special Civil Application No.8024 of 2011.
(B) This Hon'ble Court may be pleased to direct AICTE to grant extension for the academic year 2012-13 and direct Respondent No.3-The Admission Committee for Professional Courses to allot the students for the academic year 2012-13."
2. Learned advocate Mr. Shukla has appeared on behalf of the applicants and learned advocate Mr. Nanavati has appeared for respondent nos.1 and
2.
3. I have heard learned advocates for the applicant and respondent nos.1 and 2.
4. It is necessary to take into account that after hearing the parties, the Court (Coram:R.M.Chhaya, J.) passed the order dated 20/12/2011 in said Special Civil Application No.8024 of 2011 and admitted the petition. While admitting the petition, the Court took into account the order passed by the Court dated 30/06/2011 directing issuance of notice. After taking into account the said order dated 30/06/2011 passed directing issuance of notice, the Court (Coram:R.M.Chhaya, J.) in the order dated 20/12/2011, has also observed and directed that:
"4. It has also come on record that after filing of this petition, respondent Nos.1 and 2 have issued show cause notice dated 24.7.2011. Mr. Sudhir I. Nanavati, learned Senior Counsel appearing with Mr. Digant Kakkad for the petitioners states that the reply has been given. Inspite of clear-cut interim order, the said show cause notice is pending since 5 months.
5. Mr. Sudhir I. Nanavati, learned Senior Counsel for the petitioners states that as the last date of submission of application for extension as per the rules is 31.12.2011, the same has to be considered without prejudice to the rights of the petitioners.
6. Respondent Nos.1 and 2 are, therefore, directed to hear the petitioners on or before 2.1.2012 and shall take decision on or before 6.1.2012.
7. Application for extension, if any, filed by the petitioners shall be considered in accordance with law.
8. Respondent Nos.1 and 2 are further directed to file affidavit and place on record the decision that may be taken pursuant to the notice dated 24.7.2011."
5. It can be seen from the said order that appropriate directions to respondent nos.1 and 2 to take necessary and appropriate decision on or before 06/1/2012 have been passed by the Court.
6. It appears that probably the decision has not been conveyed to the applicant or the decision has not been taken and that therefore, present application has been taken out.
7. Therefore, having regard to the facts and circumstances of the case and submissions made by learned advocate for the respondent nos.1 and 2 as well as applicants, it appears that present application can be disposed of by passing below mentioned order:
7.1. It is directed that if respondent nos.1 and 2 have already not taken any necessary and appropriate decision in consonance with and pursuant to the order dated 20/12/2011 which was required to be taken on or before 06/01/2012 then such decision may be taken by 30/04/2012 and the decision which may be taken by respondent no.1 and 2 may be conveyed to the applicants-petitioners. If the decision is against the applicants-petitioners, then it will be open to the applicants petitioners to place the same on record of the petition and it will be taken into consideration at the time of hearing of the petition. If by virtue of the effect of the order by respondent no.1, the relief prayed for by the applicants stands granted, then the cause for petition also, in all probability, would come to an end.
8. With the aforesaid clarification, the application stands disposed of.
9. Learned counsel for the applicants has submitted that with reference to the observations made in para-7 of the order dated 20/12/2011, necessary application for extension is already made. The order that may be passed by respondent no.1 in compliance of the direction passed by the Court would take care of both the aspects.
10. The applicants are permitted to effect the direct service for respondent no.1.
(K.M.THAKER, J.) (ila) Top