1 wp6586.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.6586 OF 2010 Indapur Taluka Shikshan Prasarak Mandal Arts College : Petitioner V/s. State of Maharashtra & Ors. : Respondents .... Mr.V.A.Shastry for the petitioner. Mr.S.R.Nargolkar, Govt. Pleader for respondent nos.1 & 2. Mr.Girish Kulkarni for respondent no.3. .... CORAM : D.D. SINHA AND MRS.MRIDULA BHATKAR,JJ. DATE : AUGUST 18, 2010. P.C.: Heard the learned counsel for the petitioner and the learned counsel appearing for the respective respondents. 2. This Writ Petition is directed against the communication dated 24th June, 2010 issued by the respondent no.3 University. In view of the earlier situation then existed, the petitioner was asked not to admit the students since the appointment of the Principal of the College was not 2 wp6586.10 made before 31st May, 2010. Learned counsel for the petitioner 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 steps they have taken to fill up the posts. Tag with SLP (C) No.13868 of 2009.” 3. The learned counsel for the petitioner states that in view of the said interim order passed by the apex Court, the impugned communication cannot be sustained and the petitioner may be permitted to admit the students in the petitioner-college for academic session 3 wp6586.10 2010-2011. Learned counsel for the petitioner states that the petitioner- college is ready and willing to give an undertaking that the appointment of the principal of the college 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 petitioner is required to appoint the Principal of the college 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 College is permitted to appoint the Principal within a period of six months from the date of the said order and the College is also permitted to admit the students in their College for the academic year 2010-11. In that view of the matter, we permit the petitioner, in view of the said order, to admit the students in their College for academic session 2010-2011 subject to the appointment of the Principal 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. 4 wp6586.10 5. With these directions, the Writ Petition is disposed of accordingly. (D.D. SINHA, J.) (MRS.MRIDULA BHATKAR,J.)