IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5552 OF 2008 Gitte Radhakishan Vithalrao ... Petitioner Vs Maharashtra Public Service Commission and others .. Respondents Mr. Tejash Dande for the petitioner. Ms. M.P. Thakur, Assistant Government Pleader for the State. CORAM: SWATANTER KUMAR, C.J. & A.P. DESHPANDE, J. DATE : 29TH JULY , 2008 P.C.: We have issued notice in this petition for limited purpose and with the intention to find out if the averment made by the petitioner in the petition and the arguments raised at the Bar that there was some confusion in writing his caste and taking benefit therein. 2. The learned counsel appearing for the respondent after taking instructions has stated that two forms were required to be filled in. In the first form, petitioner had written that he belongs to NT (D) category and in the other form where he was required to state whether he wishes to take benefit of the reserved category or not, he answered in the negative. Thus, the petitioner had himself waived the benefit. The petitioner is not an uneducated person. He has applied for the post of Assistant Public Prosecutor. He was well aware of the consequences flowing from his action. Once he has out of his will waived the benefit that could have accrued to him, he cannot blame anybody because of his lapse. Furthermore, it has been stated before the court that the interviews for the post are over and there are other candidates who have been interviewed. 3. We see no reason to interfere in this petition. Dismissed. CHIEF JUSTICE A.P. DESHPANDE, J.