: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5064 OF 2009 Mahatma Education Society’s Dr.Pillay HOC Junior College of Education & Research. ... Petitioners Vs 1. The State of Mharashtra & 4 ors. ... Respondents Mr. Rafiq A. Dada, senior counsel with Mr. C.K. Thomas i/b M/s. C.K. Thomas & Associates for the petitioners. Mr. S.R. Nargolkar, AGP, for the respondent No.1. Mrs. S.V. Bharucha for the respondent No.5-Union of India. CORAM: S.B. MHASE & R.M. SAVANT, JJ. DATED : 30TH JULY, 2009. P.C.: 1. During the course of hearing of the above Petition for admission, Shri S.R. Nargolkar, the learned Assistant Government Pleader tenders letter dated 29th July, 2009 of the Director, State Council for Educational Research & Training. The said letter has been addressed to the Divisional : 2 : Directors. In the said letter, it has been stated that the issue as regards the cancellation of recognition is pending before the Apex Court against the judgment of the Division Bench of this Court sitting at Nagpur. The letter further states that the petitioners abovenamed cannot be given benefit of the interim orders passed by the Apex Court and the interim order would cover only the petitioners who were before the Division Bench at Nagpur. A copy of the said letter has also been handed over to Shri Rafiq Dada, learned senior counsel appearing for the petitioner. 2. The learned counsel for the parties also drew our attention to the interim order of the Apex Court dated 17th July, 2009. Shri Dada submitted that the petitioner abovenamed is covered by the said order of the Apex Court and, therefore, on the basis of the interim order passed by the Apex Court, this court can grant interim order in the petitioner’s favour in this Petition. Whereas it is the contention of the learned Assistant Government Pleader Shri Nargolkar that the order of the Apex Court only covers the applicants and the petitioners before the Apex Court. We have recorded the rival contentions. Since the matter is before the Apex Court, we do not deem it appropriate to adjudicate the said issue. Upon this, Mr. Dada, the learned senior counsel submitted that the petitioner desires to approach the : 3 : Apex Court and, therefore, seeks leave to withdraw the instant Petition. In view of this statement made by the learned senior counsel, we allow the Petition to be withdrawn. 3. Petition stands disposed of as withdrawn. Sd/- Sd/- (R.M. SAVANT) (S.B. MHASE, J.)