3-wp.5238-08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5238 OF 2008 Shri Sanjay Jairam Kale. ..Petitioner. Versus State of Maharashtra and 4 others. ..Respondents. .... Mr.A.V. Anturkar, Advocate i/b. Mr.S.B. Deshmukh, Advocate for the Petitioner. Mrs.J.S. Pawar, A.G. P. for respondent Nos.1 & 2. Mr.Vishwanath Talkute, Advocate for respondent No.3. Mr.Niranjan P. Shimpi, Advocate for respondent No.4. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 9TH NOVEMBER, 2009 P.C.:­ 1. The petitioner by this Petition seeks a decision on the question whether the post which is presently occupied by respondent No. 4 is a post reserved for Schedule Caste or not. In our opinion that controversy cannot be decided in this Petition because that post is presently occupied by respondent No.4 whose services were terminated because according to the Management that post is to be filled in by appointing a candidate that belonging to 3-wp.5238-08 2 reserved category. But the order, terminating her services was set­aside by the School Tribunal. The Management had challenged that order, but, it has withdrawn that Petition. The petitioner was appointed in place of respondent No.4 after termination of her services. As a consequence of her appeal succeeding, the services of the petitioner were terminated. The petitioner has challenged the order of the School Tribunal by filing a writ petition in this Court. Therefore, if so advised, the petitioner can raise the question whether the post in which respondent No.4 continues, is reserved for backward class or not. Petition is rejected. (D.K.DESHMUKH,J) (K.K. TATED,J)