1 wp6530.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.6530 OF 2010 Yashwant Pratishthan’s Yashwant Institute of Business Management : Petitioner V/s. The State of Maharashtra & Ors. : Respondents .... WITH WRIT PETITION NO.6531 OF 2010 Amplify Mindware Academy for Development of Education and Research’s National College of Commerce and Computer Applications : Petitioner V/s. The State of Maharashtra & Ors. : Respondents ... WRIT PETITION NO.6532 OF 2010 Shri Bhairavnath Shikshan Prasarak Mandal’s Adhalrao Patil Institute of Management & Research : Petitioner V/s. The State of Maharashtra & Ors. : Respondents .... Mr.S.S.Aradhye for the petitioners. Mr.S.R.Nargolkar, Govt. Pleader for respondent nos.1 & 2. Mr.G.S.Kulkarni for respondent no.3. .... CORAM : D.D. SINHA AND MRS.MRIDULA BHATKAR,JJ. DATE : AUGUST 16, 2010. 2 wp6530.10 P.C.: Heard the learned counsel for the petitioners and the learned counsel appearing for the respective respondents. 2. These Writ Petitions are directed against the communication dated 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 appointments of the Principals of the Colleges were not made before 31st May, 2010. Learned counsel for the petitioners has brought to 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 3 wp6530.10 steps they have taken to fill up the posts. Tag with SLP (C) No.13868 of 2009.” 3. The learned counsel for the petitioners states that in view of the said interim order passed by the apex Court, the impugned communication cannot be sustained and the petitioners may be permitted to admit the students in the petitioner-college for academic session 2010-2011. Learned counsel for the petitioners states that the petitioner- colleges are ready and willing to give an undertaking that the appointments of the principals of the colleges as per 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 Principals 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 communication loses its efficacy since the Colleges are permitted to appoint the Principals within 4 wp6530.10 a period of six months from the date of the said order and the Colleges 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 for academic session 2010-2011 subject to the appointments of the Principals 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. 5. With these directions, the Writ Petitions are disposed of accordingly. (D.D. SINHA, J.) (MRS.MRIDULA BHATKAR,J.)