1 5396.10 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5396 OF 2010 WITH CIVIL APPLICATION NO.556 OF 2011 IN WRIT PETITION NO.5396 OF 2010 Shri Bagul Kishor Madhavrao ...Petitioner Versus The Chairman/Secretary, Nashik District Maratha Vidya Prasarak Samaj, Nashik & Ors. ...Respondents ...... Mr.Mahendra Agavekar with Mr.Mandar Limaye for Petitioner. Ms.Molina P.Thakur, A.G.P. for Respondent Nos.2 to 4. ...... CORAM:- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR, JJ. DATED:- APRIL 13, 2011. P.C. 1. The grievance of the petitioner is that although the petitioner participated in the selection process for being appointed on the post of teacher/shikshan sevak in Marathi for Junior College/Secondary School pursuant to advertisements dated 6th June, 2009 and 20th June, 2009, no intimation has been received from the respondent No.1 college as to whether the petitioner has been selected or appointed or otherwise. Instead, fresh advertisement has been issued by respondent No.1 on 9th July, 2010. 2 5396.10 Pursuant to the said advertisement, the petitioner applied to the respondent No.1 Management for being considered to be appointed as teacher/shikshan sevak, however, no intimation has been received by the petitioner as to the outcome of the interview given by the petitioner. 2. Insofar as the relief claimed by the petitioner against the management pursuant to advertisement dated 6th June, 2009 and 20th June, 2009 that cannot be entertained, as it is worked out in view of the subsequent advertisement issued by the Management on 9th July, 2010. However, whether the petitioner is fit to be appointed on the post of teacher/shikshan sevak in Marathi in the Junior College/Secondary School of the respondent No.1, is a matter, which is the prerogative of the said respondent. 3. We, therefore, dispose of this Petition as well as Application with direction to the respondent No.1 to consider the case made out by the petitioner in the present Petition and the accompanying Civil Application as his representation and communicate its decision to the petitioner as expeditiously as possible and in any case, not later than 20th June, 2011. 4. Petition as well as Application disposed of on the above terms. 3 5396.10 5. We make it clear that if the Management has issued subsequent advertisement, the question of considering the petitioner on the basis of the advertisement issued on 9th July, 2010 would not arise and that position will have to be communicated to the petitioner within the time specified by us in this order. We also make it clear that because of this order, the petitioner is not precluded from participating in fresh selection process, if already resorted to after July, 2010. (MRS.MRIDULA BHATKAR, J.) (A.M.KHANWILKAR, J.)