4.ca.1638-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1638 OF 2009 IN WRIT PETITION NO.7372 OF 2007 Suresh Shankarrao Kokate. ..Applicant. Versus Sarchitnis, Dr. Vasantrao Pawar Maratha Vidya Prasarak Samaj, Nasik and another. ..Respondents. ... Ms.Seema Sarnaik, Advocate for the applicant. Mr.K.Y. Mandlik, Advocate for the respondent. Mr.D.A. Patil, A.G.P., for the respondent – State. ... CORAM : SMT.V.K.TAHILRAMANI,JJ DATED : 23rd JULY, 2009. P.C. :- 1. Heard both sides. 2. The applicant had preferred Writ Petition No.7372 of 2007. On 13.8.2008, following order came to be passed : “Rule, expedited. Mr.Mandlik, learned counsel appearing for the respondents waives service of rule on behalf of respondents. In the meanwhile, if any appointment is made on the post in question which the petitioner was holding, the same shall be subject to the result of this petition.” 3. The applicant is seeking two prayers in this application. First prayer is that in the advertisement dated 12.6.2009, it may be clarified that the said 4.ca.1638-09 2 appointment of Physical Director is subject to result of Writ Petition No.7372 of 2007. Mr.Mandlik, the learned Advocate for the respondents states that in the appointment letter, it will be clearly stated that if any candidate is appointed pursuant to the appointment it will be clearly stated in the appointment letter that the appointment shall be subject to decision of Writ Petition No.7372 of 2007. In view of this statement, I do not feel that any further orders are necessary. 4. As far as second prayer is concerned, it is prayed that the petitioner be appointed to the post of Physical Director. The said prayer can be considered in the main Writ Petition. 5. Mr.Mandlik fairly states that pursuant to any advertisement, if the applicant applies for the post, if he is qualified for the said post, his application will be taken into consideration by the Selection Committee. 6. Civil Application is disposed of accordingly. [SMT.V.K.TAHILRAMANI,J.]