311wp12.11.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 12 of 2011 (The Shriram Gramin Vikas Shikshan Sanstha, Nagpur .vs. State and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.G.G.Mishra, Adv. for the petitioner, Mr.N.R.Rode, AGP for resp. no.1. Mrs.T.D.Khade, Adv. for respondent no.2. Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 31/01/2011. Heard. This petition is directed against the notification dated 7th June, 2010 issued by the Director (BCUD), Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur whereby the petitioner/Sanstha was informed that, since it failed to fill up the posts of Principals in Baburao Tidke Shikshan Sanstha, Mouda, District Nagpur on or before 31.5.2009., the petitioner/Sanstha shall not be permitted to admit the students for the academic Session 2010-11. Counsel for the petitioner has submitted that this Court has disposed of Writ Petition No.2216 of 2006 by giving mandatory 311wp12.11.odt 2 . direction to fill up the vacant posts of Principals in the affiliated college on or before 31.5.2009. It is further submitted that the matter was taken up to the Supreme Court and the Supreme Court has granted stay to effect and operation of the judgment of the High Court and permitted filling up of the posts of Principals till 31.5.2009. The learned Counsel for the petitioner has submitted that, now the Supreme Court has extended this period upto 13.3.2011 and therefore, the impugned public notification, so far as it relates to the college run by the petitioner/Sanstha is concerned, is not sustainable in law. Mrs.T.D.Khade, learned Counsel for respondent no.2/University does not dispute the factual aspect of the matter that the Supreme Court has extended the period for filling up the posts of Principals in the affiliated college upto 13.3.2011. It is submitted that though the period is extended upto 13.3.2011 by the Supreme Court; however, the petitioner/Sanstha has to fill up the posts of Principals of the College run by the petitioner in any event on or before 13.3.2011, failing which the students those who have been admitted in the 1st year of B.Ed. course shall not be permitted to appear in the examination. Considered the contentions 311wp12.11.odt 3 . canvassed by the respective Counsel. In view of the undisputed fact that the Supreme Court has extended the period for filling up the vacant posts of Principals of the affiliated college till 13.3.2011, the date mentioned in the notification for filling up the posts of Principals on or before 31.5.2009 obviously is incorrect and therefore, the communication dt. 7.6.2010, which is impugned in the present petition, to that extent, cannot be sustained in law. The University/respondent no.2 is directed to accept the enrollment form of the students of B.Ed. 1st year and take further appropriate steps in this regard. It is made clear that, if the College fails to fill up the posts of Principals of the concerned College on or before 13.3.2011, the enrolment forms, though accepted by the University, shall not create any right in the students of the college run by the petitioner/Sanstha to appear in the concerned examination and admissions of such students shall stand cancelled automatically. With these observations and directions, the petition is disposed of. JUDGE JUDGE jais