1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.8662 OF 2009 Shri Ashok Dnyandeo Palve .. Petitioner Versus The Commissioner, Navodaya Vidyalaya Samiti, New Delhi and anr. .. Respondents Shri K.D.Bade Patil, Advocate for petitioner Shri Alok Sharma, Assistant Solicitor General for respondents 1 and 2 CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 22nd March 2010 PER COURT : 1. Shri K.D.Bade Patil, learned Counsel for the petitioner states on instructions that the petitioner may be permitted to withdraw this petition with liberty to submit an application/representation to the respondents seeking transfer of the petitioner in the event a vacancy arises. Since the earlier representation/application of the petitioner had been rejected by the respondents, which had been submitted by the petitioner pursuant to the order passed by this Court, on the ground that no vacancy was available, we see no impediment whatsoever in permitting the petitioner to submit an application/representation in the event a vacancy arises. 2 2. Accordingly, this petition is dismissed as withdrawn with a liberty as prayed for with a further direction to the respondents to decide the application/representation, if submitted by the petitioner, in accordance with law. There shall be no order as to costs. ( S.V.GANGAPURWALA, J.) ( P.V. HARDAS, J.) (vvr/8662.09wp)