/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2656 of 2003 Kishore Bhagwan Shinde ...Petitioner V/s. The State of Maharashtra & Ors. ...Respondents Shri.P.S. Dani for Petitioner. Shri.A.I.I. Patel AGP for Respondent No.1 to 4. CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATED : 26th FEBRUARY, 2008. P.C.:- 1. By this petition, the petitioner challenges the order passed by the Maharashtra Administrative Tribunal dated 09/02/2001 dismissing the application filed by the petitioner. The petitioner had approached the Maharashtra Administrative Tribunal against two orders, first order is dated 02/03/1993. By that order, the petitioner was appointed as Peon. Second order that the petitioner challenged was order dated 12/12/1997 rejecting / 2/ his request for being appointed to the post of Nursery Assistant. The Maharashtra Administrative Tribunal has rejected the application filed by the petitioner. 2. On perusal of the order dated 02/03/1993, it is clear that that order has been made on the basis of request made by the petitioner. It appears that the petitioner was appointed temporarily as Nursery Assistant, but then it was found that the petitioner and other persons could not be continued in that post and therefore, offer was made if they give their consent, they can be appointed as Peon on regular basis otherwise their services as Nursery Assistant are liable to be terminated. Admittedly, the petitioner gave his consent and he was appointed as Peon. The petitioner accepted that this appointment made in the year 1993. He did not make grievance. Thereafter he made a representation that he should be appointed as Nursery Assistant because he has necessary qualification. It appears that the petitioner threatened his superior that if he is not given that post he will go on fast unto death. Representation of the petitioner was rejected by letter dated 12/12/1997 on the ground that for / 3/ being eligible for the post of Nursery Assistant, candidate must be matriculate and the petitioner, admittedly, is not a matriculate. The Maharashtra Administrative Tribunal has held that the decision of the Superintendent declining promotion to the petitioner is proper because the petitioner does not hold necessary qualification. The Maharashtra Administrative Tribunal has considered every aspect in detail and has given elaborate reasons 3. After having heard the learned counsel for the petitioner, we find no reason to interfere with both the orders. Admittedly, qualification prescribed for the Nursery Assistant is matriculate and admittedly, the petitioner is not a matriculate. Therefore, his request for being appointed to the post of the Nursery Assistant, in our opinion, is rightly rejected. Therefore, there is no substance in the petition. Petition is dismissed. Rule is discharged. No order as to costs. ( D.K. DESHMUKH, J.) / 4/ (V.M. KANADE, J.)