(1) CA-15000.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.15000 OF 2011 IN WRIT PETITION NO.5216 OF 2011 Sujit S/o Rangnath Bhadke APPLICANT VERSUS The State of Maharashtra and ors. RESPONDENTS AND CIVIL APPLICATION NO.11021 OF 2011 IN WRIT PETITION NO.5216 OF 2011 Santoshsing S/o Kapurchandsing Rajput and others APPLICANTS VERSUS Sujit S/o Rangnath Bhadke and ors. RESPONDENTS ..... Mr. R.N. Dhorde, Advocate h/f. Mr. V.R. Dhorde, Advocate for the applicant in CA 15000.2011. Mr. S.V. Kurundkar, G.P. for the Respondent-State. Mr. S.S. Jadhavar, Advocate h/f. Mr. M.C. Swami, Advocate for the intervenor in CA 11021.2011. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 15TH DECEMBER, 2011 ORAL ORDER: 1. Heard. Civil Application no.11021 of 2011 seeking intervention is allowed. 2. Civil Application no.15000 of 2011 has been filed for clarification that the order passed by this Court dated 26.08.2011 permits the respondents to issue appointment order to the petitioner on the post of Drugs Inspector as per the select list prepared by the M.P.S.C. (2) CA-15000.11 3. After hearing the parties, this Court has passed the following order on 26.08.2011: "1. Rule. 2. Upon hearing the parties, we find that the selection process which was adopted by the Maharashtra Public Service Commission was in accordance with the Rules framed by it, though it was not in consonance with Clause (7.6) of the Advertisement No.020/2008. 3. Prima facie, in a conflict between stipulation in the Advertisement and the Rules, it is "Rules" which would prevail. In that view of the matter, we find that the impugned judgment and order passed by the learned Maharashtra Administrative Tribunal deserves to be stayed and it is accordingly stayed." . It is clear from the order passed by us that the order passed by the learned Maharashtra Administrative Tribunal is stayed. Vide the impugned order, the learned M.A.T. had quashed and set aside the selection made by the M.P.S.C. 4. The net position that would prevail is thus clear that once the order passed by the learned Maharashtra Administrative Tribunal is stayed, the position that operates prior to the order passed by the learned Tribunal, shall stand restored. (3) CA-15000.11 5. In that view of the matter, we find that no clarification was necessary. Since we have stayed the judgment and order of the learned Maharashtra Administrative Tribunal, there is no impediment in proceeding with the select list prepared by the M.P.S.C., but the appointments shall be subject to the result of the present Petition and the appointees would be intimated about this. Civil Application no.15000 of 2011 stands disposed of accordingly. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/