1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.4026/2009 [Viral Madhusudan Shah .vrs. The State of Maharashtra and others] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : A.P. LAVANDE AND P.D. KODE, JJ. DATE : OCTOBER 15, 2009. Heard Mr. S.P. Bhandarkar, learned counsel for the petitioner and Mr. A.D. Sonak, learned AGP for the respondents. By this petition the petitioner has challenged selection process undertaken by the respondents for the post of Lecturer in Ophthalmology in Government Medical College and Super Specialty Hospital, Nagpur on the ground that it is arbitrary and mala fide. Mr. Sonak, learned AGP, placing reliance of the Division Bench judgment of this court in Gangaram Topaji Hupade .vrs. Digamber Sadashio Kanwale and another, reported in 1991 Mh.L.J. 1204 submitted that since the petitioner has challenged selection process undertaken by the respondents, the petition filed by the petitioner directly to this Court is not maintainable since the petitioner has an effective 2 remedy of approaching the Maharashtra Administrative Tribunal. In Gangaram Topaji Hupade (supra) the Division Bench of this Court held that the recruitment as used in Sections 14 and 15 of Administrative Tribunals Act is not restricted to recruitment of persons already in service and is also covers initial recruitment into service. The Division Bench further held that existence of an ‘order’ is not always a must for exercise of the Administrative Tribunal’s jurisdiction. In view of judgment in the case of Gangaram Topaji Hupade (Supra), learned counsel for the petitioner seeks leave to withdraw the petition with liberty to approach the Maharashtra Administrative Tribunal, Nagpur Bench, Nagpur. The petition is allowed to be withdrawn with liberty to the petitioner to avail appropriate remedy available in law. The petition stands disposed of with liberty as sought for. JUDGE JUDGE Gulande