1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.1232 OF 2010 Ashok Shikshan Sanstha, Shindephal, Taluka Sengaon, District Hingoli through its Vice President Shri Shivram s/o Nivrutti Wathare .. Petitioner Versus The State of Maharashtra and ors. .. Respondents Mrs.C.E.Gaikwad, Advocate for petitioner Shri K.J.Ghute Patil, A.G.P. for respondent No.1 Mrs.Netrali Gangwal (Jain), Advocate holding for Ms.Surekha Mahajan, Advocate for respondent No.2 CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 15th March 2010 PER COURT : 1. This is a petition under Article 226 of the Constitution of India by which the petitioner prays for quashing and setting aside the order of the respondents cancelling the school of the petitioner as a center for Board examination for the examinations scheduled to be conducted in February- March 2010. The petitioner also prays that the proposal submitted by the petitioner dated 18.8.2009 be decided in accordance with law. 2. It appears that the relief which the petitioner has prayed for quashing of the impugned order has been rendered infructuous on account of passage of time. Similarly, even the relief of the petitioner for 2 directing the decision on its proposal dated 18.8.2009 has been rendered infructuous. Mrs.Gaikwad, learned Counsel for the petitioner, therefore, states on instructions that the petitioner may be permitted to withdraw this petition with liberty to submit a proposal afresh to the respondents for declaring the institution of the petitioner as a center for the Board examination scheduled to be conducted in February-March 2011. We see no impediment whatsoever in granting the relief to the petitioner as is requested for. Learned Counsel for the respondents states that in the event an application is moved by the petitioner, the same would be decided, in accordance with law, within the period specified in the Act and the Rules. We accept the aforesaid statement as an undertaking to the Court. 3. In that light of the matter, therefore, we dismiss the petition as withdrawn with a liberty prayed for with a direction to the respondents to decide the proposal of the petitioner, if submitted, in accordance with law. In the circumstances, there will be no order as to costs. ( S.V.GANGAPURWALA, J.) ( P.V. HARDAS, J.) (vvr/1232.10wp) 3