1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4065 OF 2001 Navneetkumar s/o Avadeshkumar Pal - PETITIONER VERSUS 1) The State of Maharashtra & Ors. - RESPONDENTS ***** Mr.J.N.Singh,Advocate for Petitioner; Mr.D.V.Tele,AGP for Respondent Nos. 1 to 3; None for Respondent No.4. ----- CORAM : S.B.DESHMUKH & K.U.CHANDIWAL,JJ. DATE : 25th August, 2010. PER COURT : 1) Heard the learned Counsel for the respective parties. 2) This petition has been filed by the petitioner on September 27, 2001. The petitioner has claimed following reliefs : “(A) The Hon’ble Court may be pleased to issue a rule and allow this writ petition. (B) The Hon’ble Court may be 2 pleased to issue writ of mandamus or any appropriate writs/directions directing the respondent No.4 to give the admission to the petitioner for final year Engineering course by charging prescribed fees applicable for the students admitted against the merit list seats, i.e. by charging Rs.11,600/-; (C) The Hon’ble Court may be pleased to prohibit the respondent no.4 from charging exorbitant fees of Rs.41,600/- (Fourty one thousand and six hundred only) by issuing prohibitory writs or directions; (D) Pending hearing and final disposal of this writ petition, the respondent No.4 may be directed to give provisional admission to the petitioner and further the respondent no.4 may be directed to send the examination form of the petitioner to the University.” 3) We have considered the prayers made by the petitioner in the writ petition. This petition was before the Court on July 12, 2002 and was adjourned for filing reply on behalf of Respondent No.4. This Court by order dated July 29, 2002, issued Rule, making it returnable on 19th October, 2002. 4) Mr.Singh, learned Counsel for petitioner, submits on instructions from the petitioner that the petitioner has received a communication dated 19th September, 2002 from 3 Respondent No.4-College. The subject matter of the writ petition pertains to admission for the academic year 2002-2003 by depositing the fees as per the Government Resolution dated 15th May, 2000. Urgency of this petition has been noticed by the respondents. It is made clear by the respondents that subject to decision of this writ petition, refund of fees, in case of difference, can be made to the petitioner. We have taken into consideration the facts of subject matter and various dates. By efflux of time, the petitioner must have completed his education in engineering course. In our view, there is no point now in keeping this petition pending. However, we grant liberty in favour of the petitioner to approach the appropriate forum for refund of fees, if at all the petitioner is desirous to do so. 5) In this view of the matter, the writ petition stands disposed of as infructuos with liberty in favour of the petitioner to approach the appropriate forum for refund of fees, if permissible under the law. Rule discharged. No costs. (K.U.CHANDIWAL) (S.B.DESHMUKH) JUDGE JUDGE bdv/