bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 9445 OF 2007 PETITION NO. 9445 OF 2007 PETITION NO. 9445 OF 2007 Shri Gajanan Janardan Shinde ... Petitioner v/s 1. Sudhagad Education Society & ors. ... Respondents Smt.A.A.Agarwal for the petitioner. Mr.M.V.Limaye for respondent Nos.1 and 2. Mr.V.P.Malvankar, A.G.P. for respondent Nos.3 to 5. CORAM: CORAM: CORAM: J.N.PATEL AND J.N.PATEL AND J.N.PATEL AND SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: DATED: DATED: 5TH MARCH, 2008. 5TH MARCH, 2008. 5TH MARCH, 2008. P.C. P.C. P.C.: 1. Heard. 2. The petitioner has approached this Court seeking a writ of mandamus in the form of direction seeking an appointment as Music Teacher in the respondent No.1 institution. 2. The petitioner is working as a peon in the respondent institution. It is the case of the petitioner that he has acquired the qualification of Gayan Kala Visharad which is the qualification for a Music Teacher. It is submitted that inspite of the 2 petitioner acquiring the qualification, which makes him eligible for being appointed or considered as Music Teacher, the respondent institution has failed to appoint him as such. The petitioner claims this appointment by way of promotion and place reliance on the communication dated 11.3.1994 issued to all educational institutions by the Director of Education, State of Maharashtra. 3. Insofar as the claim of the petitioner that he has acquired the qualification which makes him eligible to be appointed as Music Teacher is concerned, is not a matter of dispute and the question is whether the petitioner can claim it as of right by way of promotion. The communication dated 11.3.1994 or the M.E.P.S. Rules, 1981 and particularly Schedule "F", does not provide for such promotion to non-teaching staff. But, in case of person like the petitioner, acquires the qualification for being appointed as Music Teacher as provided in schedule "B", nothing prevents such a candidate to apply for the post whenever it is advertised by the institution and if such an application is made, the case of the petitioner will have to be considered alongwith other candidates who have applied in response to such an advertisement and if he qualifies in the selection process, his case can be considered for 3 appointment. 4. The learned counsel for the respondent institution submits that, for the present, there is no post of Music Teacher lying vacant in the institution and as and when advertisement is issued in the matter, the petitioner can apply against the said post and his case would be considered in accordance with rules. 5. In view of this, we find that the claim of the petitioner that he should be appointed to the post of Music Teacher by way of promotion is not justified. 6. Therefore, in the facts and circumstances of the case, we do not find any merits in the petition and the same is dismissed. (J.N. (J.N. (J.N. PATEL, J.) PATEL, J.) PATEL, J.) (SMT.NISHITA (SMT.NISHITA (SMT.NISHITA MHATRE, J.) MHATRE, J.) MHATRE, J.)