1 wp6308-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ttm WRIT PETITION NO.6308 OF 2010 Shri Dattatraya Balu Mali .. Petitioner Vs. The Divisional Joint Registrar, Co­operative Societies and Ors. .. Respondents Mr.Vijay Killedar for the petitioner Mrs.M.P.Thakur, A.G.P. for respondent nos.1 to 3 CORAM : D.B.BHOSALE & K.K. TATED, JJ. DATE : 16TH NOVEMBER, 2011. P.C. 1. Heard the learned counsel for the petitioner and the learned A.G.P. for respondent nos.1 to 3. Since the learned counsel for the petitioner seeks liberty to delete prayer clause (c) at this stage, which is against the appointment of respondent nos.4 and 5 on the post of Auditor Grade II, we are not issuing notice to respondent nos.4 and 5 for disposing of this Writ Petition. Amendment be carried out forthwith. 2. The learned counsel for the petitioner on instructions submits that the petitioner would be satisfied if directions are issued to Higher Technical Education Department to consider and decide the petitioner’s proposal 2 wp6308-10.doc forwarded by respondent no.3 to find out whether the petitioner holds qualification for his appointment on the post of Auditor Grade II. It appears from the letter dt.21.4.2010 (at page 78 of the Writ Petition) that respondent no.3 forwarded the petitioner’s representation to Higher Technical Education Department for its opinion as to whether petitioner is qualified to acquire the post of Auditor Grade II. The proposal forwarded by respondent no.3 is still pending before Higher Technical Education Department. 3. Mr.Killedar, learned counsel for the petitioner submits that unless the petitioner is held to be qualified to acquire the post of Auditor Grade II, he cannot challenge the appointment of respondent nos.4 and 5 on the said post. In the circumstances, we dispose of this Writ Petition by the following direction: a) Higher Technical Education Department to consider the proposal forwarded by respondent no.3 and record its opinion as to whether petitioner is qualified to acquire the post of Auditor Grade II as expeditiously as possible and preferably within a period of 12 weeks from the date of receipt of this order. b) Petitioner is directed to produce the copy of this order before respondent no.3 and so also, before the concerned officer, Higher Technical Education Department within a period of three weeks from 3 wp6308-10.doc today. It is made clear that while passing this order, this court has not considered the prayers in Writ Petition on merits. It would be open to the petitioner to file appropriate proceedings for his appointment, in the event, he is found qualified to be appointed as Auditor Grade II before the appropriate forum. c) With these observations, Writ Petition is disposed of. (K.K. TATED, J.) (D.B. BHOSALE, J.)