1 WP-6591-ORS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6591 OF 2010 Gurudatt Gram Vikas Prathisthans College of BBA/BCA/BCS & B.Com. ..Petitioner versus The State of Maharashtra & Ors. ..Respondents WITH WRIT PETITION NO. 6592 OF 2010 Balaji Shikshan Prasarak Mandal’s College of BBA/BCA ..Petitioner versus The State of Maharashtra & Ors. ..Respondents WRIT PETITION NO. 6593 OF 2010 Jaywant Shikshan Prasarak Mandal’s Jaywant Institute of Computer Application ..Petitioner versus The State of Maharashtra & Ors. ..Respondents WITH WRIT PETITION NO. 6594 OF 2010 Shikshan Maharashi Dr. D. Y. Patil Education Institutes, Dr. D. Y. Patil College of Computer and Business Studies ..Petitioner versus The State of Maharashtra & Ors. ..Respondents 2 WP-6591-ORS WITH WRIT PETITION NO. 6595 OF 2010 Abhinav Education Societies ..Petitioner Law College versus The State of Maharashtra & Ors. ..Respondents WITH WRIT PETITION NO. 6596 OF 2010 Shri Vasantrao Pharate-Patil Arts, Commerce and Science College ..Petitioner versus The State of Maharashtra & Ors. ..Respondents WITH WRIT PETITION NO. 6597 OF 2010 Sinhagad Technical Educations Sinhagad College of Education & Training ..Petitioner versus The State of Maharashtra & Ors. ..Respondents WITH WRIT PETITION NO. 6598 OF 2010 Sant Tukaram Shikshan Prasarak Mandal’s Arts, Commerce and B.B.A. College ..Petitioner versus The State of Maharashtra & Ors. ..Respondents 3 WP-6591-ORS WITH WRIT PETITION NO. 6599 OF 2010 Motiwala Education and Welfare Trust’s Motiwala College of Education Sciences ..Petitioner versus The State of Maharashtra & Ors. ..Respondents Mr. Sarang S. Aradhye for Petitioners in all the matters. Mr. S. R. Nargolkar –G.P. for Respondent Nos. 1 and 2 in all the matters. Mr. Girish Kulkarni for Respondent No. 3 in all the matters. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : AUGUST 18, 2010. P.C. : 1. Heard the learned counsel for the petitioners, the learned Government Pleader for respondent nos. 1 and 2 and the learned counsel for the respondent no. 3. 2. The above Writ Petitions are directed against the communications 24th June, 2010 issued by the respondent no.3 University. In view of the earlier situation then existed, the petitioners were asked not to admit the students since the appointment of the Principal of the College was not made before 31st May, 2010. Learned counsel for the petitioners has brought to 4 WP-6591-ORS our notice the Order dated 28.6.2010 passed by the Supreme Court, which reads thus:- “Permission to file Special Leave Petition is granted. Issue notice on the applications for condonation of delay as well as on the Special Leave Petition. In the meanwhile, petitioners are permitted to admit the students in their colleges for the academic year 2010-2011 subject to the appointment of principals as per the eligibility prescribed within six months from today. The petitioners are directed to furnish the details of the steps they have taken to fill up the posts. Tag with SLP (C) No.13868 of 2009.” 3. The learned counsel for the petitioners state that in view of the said interim order passed by the apex Court, the impugned communications cannot be sustained and the petitioners may be permitted to admit the students in the petitioners-colleges / institutions for academic session 2010-2011. Learned counsel for the petitioners state that the petitioners- colleges / institutions are ready and willing to give an undertaking that the appointment of the principal / director of the colleges / institutions as per 5 WP-6591-ORS eligibility prescribed would be made within six months, if not made earlier. Learned counsel appearing for respondent no. 3 – University has submitted that in view of the above order passed by the apex Court, the petitioners are required to appoint the Principal of the colleges within a period of six moths from the date of the said order as per eligibility and procedure prescribed in this regard. 4. Considered the contentions canvassed by the respective counsel and perused the above referred order passed by the Supreme Court. In view of the above referred order, the impugned communications loses its efficacy since the Colleges are permitted to appoint the Principals / Directors within a period of six months from the date of the said order and the Colleges / Institutions are also permitted to admit the students in their respective Colleges for the academic year 2010-11. In that view of the matter, we permit the petitioners, in view of the said order, to admit the students in their Colleges / Institutions for academic session 2010-2011 subject to the appointment of the Principal / Director as per eligibility prescribed and by following procedure applicable within a period of six months from the date of the order passed by the apex Court. 6 WP-6591-ORS 5. With these directions, the Writ Petitions are disposed of accordingly. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR, J.)