1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa WRIT PETITION NO. 206 OF 2010 Atharva College of Engineering & Anr. .. Petitioners. v/s. Tanuja Deshmukh & Ors. .. Respondents. .... Mr. S. C. Naidu i/b. M/s. C. R. Naidu & Co. for the Petitioner. Mr. C. R. Sadashivan a/w. Mr. N. M. Ganguli for Respondent No.1. Ms. G. Prabhu for Respondent No.2. Mr. Bharat Mehta, A.G.P.for Respondent No.3. .... CORAM : S.J. KATHAWALLA, J. DATE : FEBRUARY 15, 2010. P.C. By this Writ Petition, the Petitioners have impugned the interim order passed by the Mumbai University and College Tribunal dated 17th September, 2009 directing the Petitioners to forward the representation of the Respondent No. 1 pertaining to acceptance of her appointment to the post of Librarian, to the Mumbai University alongwith all the enclosures put in by her and further directing the Mumbai University to take a decision within a period of one month i.e. by 9th November, 2009 and communicate 2 the same to the College Authority, the Respondent No. 1 and also to the College Tribunal. Pursuant to the said order dated 17th September, 2009 the Mumbai University has passed an order dated 15th December, 2009 accepting the representation/application of the first Respondent. 2. The main contention of the Petitioner is that the Mumbai University and College Tribunal had no jurisdiction to direct the Mumbai University to consider the representations made by the first Respondent. Consequently, the impugned order passed by the Mumbai University dated 15th December, 2009, is bad in law. From a perusal of the order passed by the Tribunal dated 17th September, 2009, it appears that the Petitioners had not contended before the Tribunal that it has no jurisdiction to direct the Mumbai University to consider the representation/application of Respondent No. 1. In view thereof, following order is passed by consent of the parties : :: O R D E R :: i. Appeal No. 77 of 2008 pending before the 3 Mumbai University and College Tribunal, Mumbai shall be disposed of by the said Tribunal, within a period of eight weeks from today. ii. The Tribunal shall decide the Appeal after considering all the contentions of the parties including the contention of the Petitioner that the Tribunal has no jurisdiction to entertain the Appeal and/or direct grant of approval to the first Respondent. iii. In view of the above, the directions given by the Mumbai University dated 15th December, 2009, shall not be given effect to until the College Tribunal decides the Appeal and a period of two weeks thereafter, in the event of the decision being adverse to the petitioner. iv. The writ petition is, accordingly, disposed of with no order as to costs. 4 v. Parties to act on a copy of this order duly authenticated by the Associate of this Court. [ S.J.KATHAWALLA, J. ]