IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5868 OF 2007 WRIT PETITION NO. 5868 OF 2007 WRIT PETITION NO. 5868 OF 2007 Shri Kishor Anantrao Bhagwat ...Petitioner V/s. The Administrative Officer, Karmala Municipal Council, Solapur & Ors. ...Respondents Mr.S.G. Kudle for the Petitioner. Mr.Vishwasrao Deokar for Respondent No.1. Mr.C.R. Sonawane, AGP for Respondent No.3. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. V.M. KANADE, JJ. V.M. KANADE, JJ. DATED : JANUARY 10, 2008 DATED : JANUARY 10, 2008 DATED : JANUARY 10, 2008 P.C. :- P.C. :- P.C. :- 1. Rule. Rule made returnable forthwith. By consent of parties, the petition is heard finally. 2. It is common ground that the post of Head Master of the primary school run by the respondent no.1 is vacant and the appointment to that post is to be made by promotion. The petitioner claims that he is entitled to be appointed to that post. There appears to be claim made by other persons also for promotion. Power to make appointment by promotion or otherwise is of the - 2 - employer. Employer in this case is respondent no.1. Therefore, it is primary duty of respondent no.1 to make an order of appointment in the vacant post of Head Master. It is not the case of respondent no.1 that they do not want to fill in the post. If the respondent no.1 want to fill in the post, then, in our opinion, it will be in the interest of justice to direct the respondent to take a decision about making appointment in the vacant post of Head Master, as expeditiously as possible. 3. The respondent no.1 is, therefore, directed to make an order for appointment in the vacant post of Head Master of primary school to which this petition pertains, as expeditiously as possible and in any case, within a period of six weeks from today. Appointment shall be made by the respondent no.1 in accordance with law. 4. In case, the petitioner feels aggrieved by the appointment made by respondent no.1, the petitioner shall be entitled to adopt such remedy against that - 3 - order, as may be available under the law. 5. Petition is disposed of. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)