1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2959 OF 2009 IN WRIT PETITION NO.5200 OF 2005 Shri.Desai Bapursaheb Govind. ..Petitioner. Vs. Latthe Education Society and ors. ..Respondents. Mr.M.V.Limaye for the Petitioner. Mr.B.V.Bukhari for the Respondents. CORAM :R.S.MOHITE, J. DATE : 30TH NOVEMBER,2009 PC: 1 This is an application seeking injunction restraining the respondents from giving effect to the letter dated 26.11.2009. By the said letter dated 26.11.2009 the present applicant who is respondent in the main writ petition is sought to be terminated from his post of Electrical Instructor. His appointment to the post of Electrical Instructor is not the subject matter of the application and the relief which is sought by 2 way of this application will have to be considered by some other forum. Advocate for the applicant therefore, seeks leave to withdraw this application with liberty to file appeal before the school tribunal. Civil Application is allowed to be withdrawn with liberty. 2 It is however seen that, in the main writ petition, an order dated 12.8.2005 was passed by this court, in which, it was directed that if a vacancy arose and if the applicant herein was found qualified to hold the post for which the vacancy had arisen, the petitioner would consider the claim of the respondent No.1 therein. It is contended in the civil application that on 11.11.2009 an advertisement was given in newspaper Dainik Pudhari inter alia for making a appointment to the post of Lab Assistant. It is the contention of the applicant that since he is resident of Shirol he did not read this advertisement and therefore, could not apply for the said post. It is 3 seen that the relief granted in the main writ petition was to consider the application in case the applicant was eligible. Advocate for the respondents in this civil application i.e. Management states that in case the petitioner applies within a period of three weeks from today then he will be considered along with other eligible candidates for the said post. This statement is accepted. It is however, clarified that, if the appointment orders have already been issued by now, then the applicant will be informed as and when the next vacancy occurs. Civil Application stands disposed off. (R.S.MOHITE, J.)