1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 12469 OF 2008 IN WRIT PETITION NO. 4978 OF 200 The Marathwada Agricultural University, Parbhani, through Vice Chancellor. ...Applicant (Orig.Resp.No.1 in W.P.) VERSUS Vasudeo s/o Prabhakarrao Phutane ...Respondent (Orig.Petitioner in W.P.) .... Shri M.N.Nawandar, Advocate for the applicant Shri S.B.Talekar, Advocate for the respondent ..... CORAM : K.U.CHANDIWAL AND S.P.DAVARE, JJ. DATE : 18 th June, 2009. ORAL ORDER : 1. The Marathwada Agricultural University (original respondent) has requested to either modify the order dated 21.8.2008 or vacate the same, permitting them to fill in the posts 2 and/or to make appointments to the post of Assistant Section Officer. 2. In the light of the observations of Division Bench while assigning the matter to the Special Bench, it is difficult to travel beyond the observations and to hear the matter on admission. This Bench being called upon to deal with only the Civil Application, necessary orders on the Civil Application are contemplated and are passed. 3. Mr.Talekar, learned counsel for the applicant makes a statement that the University can fill in all the posts except one and the posting or appointment shall be subject to the outcome of Writ Petition. 4. Mr. Nawandar, learned counsel for the University accepts this proposition. Except, according to him, even the University should be allowed to fill in all the posts subject to outcome of Writ Petition. 5. In view of above concession by Mr. Talekar, we do not concur with the view of Mr. Nawandar, learned counsel to allow to fill in all the posts. Consequently the University will appoint and fill in all the posts excpet one post in the open category of Assistant 3 Section Officer, to which the applicant herein stakes. It will be subject to outcome of the Writ Petition. 6. Both the learned counsel agree for hearing the petition at the admission stage. S.O. to 29th June, 2009 before regular Bench. 7. Civil Application is disposed of in above terms. (S.P. DAVARE, J.) (K.U.CHANDIWAL, J.) dbm/ca12469.08