IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6503 of 2003. WRIT PETITION NO.6503 of 2003. WRIT PETITION NO.6503 of 2003. Sarjerao Dyanu Kanerkar ..Petitioner versus Kolhapur Zilla Parishad ..Respondent Mr.Prabhu i/b. N.H.Bandivadekar for the Petitioner Mr.R.D.Rane for the respondent Nos.1 and 2 Mr.S.S.Pakale for the respondent No.3 CORAM : D.K.DESHMUKH & CORAM : D.K.DESHMUKH & CORAM : D.K.DESHMUKH & R.Y.GANOO, JJ. R.Y.GANOO, JJ. R.Y.GANOO, JJ. DATED : 10th June, 2008. DATED : 10th June, 2008. DATED : 10th June, 2008. P.C. 1. By this petition, the petitioner challenges the appointment of respondent No.3 as Physical Education Teacher with Zilla Parishad, Kolhapur by Order dated 27.3.1998. It appears from the representation of the petitioner at Exhibit F that he became aware of the appointment of respondent No.3 in June 1998. He submitted representation against the appointment of respondent No.3 in September 2000 and filed this petition in December 2000 but did not move it till 16.9.2003. In our opinion, in this situation it will not be in the interest of justice to disturb the appointment of respondent No.3 at the instance of the petitioenr -2- as it is aparent that the respondent No.3 has been in service for last more than 10 years and the petitioner is also in the employment. Hence, Rule is discharged with no order as to costs. (D.K.Deshmukh, J.) (D.K.Deshmukh, J.) (D.K.Deshmukh, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)