1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR WRIT PETITION No.865 OF 2011 (Laxmi Education Society and Krida Mandal ..vs.. All India Council of Technical Education and others) ------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------ Shri M.V. Samarth, Advocate for the petitioner, Shri R.S. Sundaram, Advocate for respondent Nos. 1 and 2, Shri A.G. Mujumdar, A.G.P. for respondent Nos. 3 and 4. CORAM:- D.D. SINHA AND A.P. BHANGALE, JJ. DATED :- 14-03-2011 Heard Shri M.V. Samarth, learned Counsel for the petitioner, Shri R.S. Sundaram, Advocate for respondent Nos. 1 and 2 and Shri A.G.Mujumdar, learned Assistant Government Pleader for respondent Nos. 3 and 4. 2. Learned Counsel for the petitioner has brought to our notice that the petitioner has applied to the Western Regional Office (A.I.C.T.E.), seeking permission to start new Technical Institution (Diploma in Engineering) for the academic Session 2010-2011. Learned Counsel for the petitioner submitted that the Western Regional Office has issued the letter of intent dated 21-5-2010 in this regard. It is further contended that along with the application the petitioner has deposited Rs.15,00,000/- with the Western Regional Office. It is submitted that since the letter of approval was 2 not issued by the Western Regional Office to start the new Technical Institution in spite of the letter of intent, the petitioner is seeking permission to withdraw the present petition with liberty to file a fresh application for refund of the amount deposited by the petitioner along with the application submitted by the petitioner, seeking permission to start new Technical Institution for the academic Session 2010-2011. 3. Having considered the contentions canvassed by the respective Counsel, it appears that in spite of the letter of intent granted by the Western Regional Office, the letter of approval was not granted and therefore, the petitioner could not start the Technical Institution for the academic Session 2010-2011. In these circumstances, we dispose of the present writ petition as withdrawn with liberty as prayed for. If the application is made by the petitioner for refund of the amount to the Western Regional Office, we direct respondent No.1 to decide the same in accordance with law and procedure applicable thereto in this regard within a period of three weeks from the date of receipt of the said application. If the application of the petitioner for permission to start the Technical Institution in ensuing year is rejected, it would be open for the petitioner to question the same on its own merits. JUDGE JUDGE pma