2503wp522.10.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 522 OF 2010 Dr. Vidyadhar Mukundrao Shivankar Vs. State of Mah. & others Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. Anand Parchure, Advocate for the petitioner. Mr. N. W. Sambre, Govt. Pleader for respondents No. 1 & 2. Mr. A. C. Dharmadhikari, Advocate for respondent No. 3. Mr. B. G. Kulkarni, Advocate for respondent No. 4. CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 25th MARCH, 2010. Heard. The writ petition is directed against order dated 14/01/2010, whereby the petitioner was declared surplus from respondent No. 3-College and was directed to be absorbed in Dr. Ambedkar Mahavidyalaya, Diksha Bhoomi, Nagpur. It is brought to the notice of this Court that notice before admission was issued and order of status quo was passed at the latter point of time. Learned Counsel for the petitioner has submitted that the petitioner is ready and willing to accept order dated 14/01/2010 passed by respondent No. 2 and he is also ready and willing to join Dr. Ambedkar Mahavidyalaya from tomorrow provided the petitioner is permitted to be relieved from respondent No. 3- College. The petitioner has also requested that the period from 19/01/2010 to 25/3/2010 be treated as medical leave and salary up to 25/3/2010 be directed to be drawn by 2503wp522.10.odt 2/2 respondent No.3-College. Since the petitioner is ready and willing to accept order dated 14/01/2010, the cause of action in the present writ petition is no more survives. Hence, the writ petition is disposed of accordingly. So far as the request of the petition for treating the period w.e.f. 19/01/2010 to 25/3/2010 as medical leave is concerned, we grant liberty to the petitioner to make a short application in this regard to the Competent Authority i.e. respondent No. 2-the Joint Director who should consider this issue in accordance with the law and procedure and take a decision. Respondent No. 3-College is directed to relieve the petitioner, if not relieved earlier, forthwith and we see no reason for Dr. Ambedkar Mahavidyalaya, Diksha Bhoomi, Nagpur should not permit the petitioner to join the said college. JUDGE JUDGE wwl