1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 2027/2011. State of Maharashtra and others -VERSUS- Vasant B. Kendre _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & A.B.CHAUDHARI, JJ. DATED : NOVEMBER 09, 2011. Heard Shri M.K. Pathan, learned A.G.P. for petitioners and Shri S. Saoji, learned Counsel for the respondent. We find that a question – Whether the respondent has a legal right to claim employment/ appointment, only because his name figured in the select list, is a cardinal question which needed to be answered by the Maharashtra Administrative Tribunal. Unfortunately, that question has not been answered. 2 In order to avoid prejudice to the case of present respondent, we are not going into the details of the controversy and we are also not recording any conclusive finding in that respect. It is open to respondent to demonstrate the legal injury and cause of action in his favour by amending his pleadings properly. However, looking to the fact that name of petitioner appeared in the select list and he was already acquitted by a competent Criminal Court, we direct the Maharashtra Administrative Tribunal to decide the said controversy as early as possible and in any case within a period of three months from the date of communication of this order to it. Subject to this, the order dated 07.12.2009 is hereby quashed and set aside. The proceedings in Original Application No.425/2009 are restored back to the file of Maharashtra Administrative Tribunal. Learned Counsel for respondent seeks leave to amend his original application. We grant that leave to respondent. Needless to state that petitioner is free to effect appropriate consequential amendment 3 thereafter. In view of the above, Writ Petition is partly allowed. However, in the facts and circumstances of the case there shall be no orders as to costs. JUDGE JUDGE Rgd