1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6832 OF 2009 The Maharashtra Public Service Commission, Through its Deputy Director, Bank of India Building, Mahatma Gandhi Road, Mumbai. ...PETITIONER. VERSUS Khan Mohammed Raza Khan, R/o-PWD Quarters No.43, Opposite Gurudwara, Osmanpura, Aurangabad. ...RESPONDENT. ... Mr.P.M. Shah Senior Counsel with Mr. S.P. Shah Advocate for Petitioner. Mr.S.B. Talekar Advocate for Respondent. ... CORAM: A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 13TH JANUARY, 2010. PER COURT : 1. Heard learned counsel for the parties. Rule. 2 Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission itself. 2. By this Petition under Article 226 of the Constitution of India, the Petitioners are primarily questioning the correctness of the order dated 19th August, 2009. Admittedly that is an interim order passed by the Tribunal during the pendency of the Original Application. 3. As a matter of fact, the Petitioners have already acted upon the said direction in furtherance to the observations of the Tribunal with liberty to challenge it before this Court. The fact remains that the Petitioners have already conducted the interview of the concerned candidate. The questions raised in this Petition, in our opinion, will have to be addressed in the Original Application, which is still pending before the Tribunal. It is not possible for us to 3 pre-empt the Tribunal from deciding those aspects. 4. Learned counsel for the Petitioner, however, apprehends that in view of the observations made in order dated 19th August, 2009 and 23rd September, 2009, the Tribunal would be influenced by the said observations, which will be prejudicial to the Petitioners. The apprehension, in our opinion, is misplaced. As aforesaid, the order which is impugned before this Court is only interlocutory order, which was intended to operate during the pendency of Original Application. The Original Application will have to be decided on its own merits in accordance with law, uninfluenced with any observations in the orders referred to above. 5. We hope and trust that the Tribunal would expeditiously dispose of the Original Application, as the appointment is in respect of post of Deputy Director, Town Planning reserved for Schedule Tribe candidates. We once again reiterate 4 that all questions on merit available in the Original Application to both the parties, are left open, to be decided by the Tribunal uninfluenced by any observations in the orders referred to above. 6. Rule is made absolute on the terms indicated above. [S.S. SHINDE, J.] [A.M. KHANWILKAR, J.] asb/JAN10/wp6832.09