1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4813 OF 2009 Rajureshwar Shikshan Prasarak Mandal Takli (Kolte), Tq. Bhokardan, Dist. Jalna, Through its President, Shri Bhaskarrao s/o Dadarao Kolte, Age : 40 years, Occu.Agriculture & Social Worker and President of R.S.P. mandal, R/o Takli (Kolte), Tq. Bhokardan, Dist. Jalna ..PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, Higher and Technical Education Department, Mantralaya, Mumbai-400 032 2. The Director, Higher Education, Maharashtra State, Pune-1, Near G.P.O. Pune, Tq. and Dist. Pune 3. The Joint Director, Higher Education, Aurangabad Division, Aurangabad 4. The Director, Colleges and University Development Mandal, Dr. Babasaheb Ambedkar, Marathwada University, Aurangabad-431 004 ..RESPONDENTS Mr K.T. Shirurkar, Advocate for the petitioner; Mr V.H. Dighe, A.G.P. for respondents no.1 to 3. 2 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 4th Sept., 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India the petitioner prays for directing the respondents to decide the proposal of the petitioner for opening a senior college for the academic year 2009-10. On notice being issued to the respondents, respondents have filed their affidavit in reply. In the affidavit in reply at paragraph no.4 it is stated thus :- "I most respectfully say and submit that it is true that the proposal of the petitioner/Institution is forwarded by the Respondent No.4 University along with the others for getting necessary permission. Accordingly, the competent authority has taken necessary steps for deciding the said proposal for grant of permission as per University Act, 1994 Section 82 (5). I say and submit that as soon as the decision is taken by the competent authority, i.e. State 3 Government, the said fact/decision will be communicated to the petitioner through the concerned University as per procedure of the Government." 3. We accept the aforesaid statement made at paragraph 4 as an undertaking to the Court. Shri V.H. Dighe, learned A.G.P. for respondents no.1 to 3 states that the proposal of the petitioner is under consideration and orders in accordance with law would be passed within two months from today. We accept the said statement as an undertaking to the Court and make Rule absolute in terms of the aforesaid statement with no order as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp4813.09 4