:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 746 OF 2007 Ashok Nivrutti Gaikwad ..Petitioner Vs. The Head Master, Nagarparishad Madhyamik Vidyalaya Wasrang and ors. ..Respondents Mr. S.D. Disghe for petitioner. Mr. R.D. Rane, Govt. Pleader for respondent nos.1,2 & 4. Ms. Darshana Prajapati h/f Mr.B.D. Joshi for respondent no.3. CORAM: CORAM: CORAM: B.H. MARLAPALLE & B.H. MARLAPALLE & B.H. MARLAPALLE & V.M. V.M. V.M. KANADE,JJ. KANADE,JJ. KANADE,JJ. Date Date Date : January 11, 2008. : January 11, 2008. : January 11, 2008. P.C.: P.C.: P.C.: 1. This petition was allowed as per the order dated 5/2/2007 and the same order was recalled by allowing Review Petition under Stamp No.6429 of 2007 as per order dated 24/7/2007. On 22/10/2007 we passed an order by consent of the parties and directed to initiate the selection process de novo for the post of Peon (reserved for SC). The fresh selection process :2: was to be completed by 31/12/2007 and the petitioner was also given liberty to apply for the same. In the meanwhile he was directed to be appointed on temporary basis on a consolidated salary of Rs.2500/- per month for the post of Peon by way of interim relief. 2. An affidavit has been filed by the Administrative Officer, Municipal School Board, Khopoli (respondent no.2) stating that, (a) the petitioner was issued an appointment order on 29/10/2007 by offering him salary of Rs.2500/- per month and he joined as the Peon on the same day and was in service till 31/12/2007; (b) fresh advertisement was released and published in the local newspapers inviting applications for the post of Peon (reserved for SC) and in all 20 applications were received, including that of the petitioner. All the applicants were issued interview calls and the petitioner was also served with such a call on 29/11/2007. In addition, in one of :3: the local newspaper (Daily Krushiwal) dated 6/12/2007 a press note was released informing all the applicants that the interviews will be held on 15/12/2007 and starting from 10.00 a.m. in the premises of the Khopoli Municipal Council, Primary School No.1; (c) the petitioner applied for leave on 14/12/2007 (leave application is placed on record) informing that he would not attend the duty on 15/12/2007 on account of his mother’s ailment and till the petitioner was absent for the interview held on 15/12/2007 (for written as well as oral examination). 3. The applications received, the proceedings of the interview, recommendations of the selection committee as constituted in our order dated 22/10/2007 and the details of the marks received by each of the candidates who attended the interview have been placed before us. It has been further stated that against the single post reserved for SC, the candidate with highest marks, namely, Shri Sanjay Mangal Solanki has been selected and, therefore, he deserves to be issued :4: an appointment order. The minutes of the selection committee have been signed by all the five members. The same are taken on record and marked "X" for identification. We have perused the proceedings and we are satisfied that Shri Sanjay Mangal Solanki has scored highest marks amongst all the candidates who appeared for the interview. 4. Mr. Dighe the learned counsel for the petitioner fairly conceded before us that the petitioner failed to take the benefit of the opportunity offered by us so as to go through the fresh selection process and inspite of the interview call having been received by him, he remained on leave on 15/12/2007 and did not appear for the selection test (written examination as well as oral interview). 5. Under these circumstances, the claim of the petitioner for appointment to the post of Peon cannot be considered by us when, in fact, by his own behaviour he has given up the said claim. The Municipal Council and the Municipal School Board, Khopoli to proceed to issue the appointment order to Shri Sanjay Mangal Solanki for the post of Peon :5: (reserved for SC) in Municipal Secondary School at Wasrang. The claim of the petitioner consequently stands rejected and the petition is disposed off. Original files returned to the Municipal Council along with the proceedings. (V.M. (V.M. (V.M. Kanade,J.) Kanade,J.) Kanade,J.) (B.H. (B.H. (B.H. Marlapalle,J.) Marlapalle,J.) Marlapalle,J.)