1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE WRIT PETITION NO.2288 OF 2009 Sudha Chandrabhan Ingle .... Petitioner Vs. R.A. Podar College of Commerce & Economics & Ors. .... Respondents Shri Mihir Desai for the Petitioner. Shri V.P. Vaidya for Respondent No.1. Ms Meena H. Doshi for Respondent No.2. Shri P.M. Palshikar for Respondent No.3. Shri R.J. Mane, AGP, for Respondent Nos.4 and 5. CORAM: J.N. PATEL AND A.P. BHANGALE, JJ. DATED: MARCH 29, 2010 P.C: 1. The learned counsel appearing for the respondent-College states that presently there is a clear vacancy in the open category to which post the petitioner, if eligible, may apply as and when an advertisement is published by the respondents and for the time Dr. (Mrs.) Vinita K. Pimpale is already appointed on contract basis. It is submitted that the respondents are likely to publish an 2 advertisement for the said post in near future and if the petitioner applies for the said post, her candidature would be considered on merit. 2. In view of the above statement, the learned counsel appearing for the petitioner submits that the petitioner may be permitted to withdraw the petition without prejudice to her rights as an appeal filed by her is pending before the Mumbai University and College Tribunal. The petition accordingly is dismissed as withdrawn. J.N. PATEL, J. A.P. BHANGALE, J.