1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9199 OF 2009 ... Mr.Sunil Dattaraya Bhakare ...Petitioner v/s. Deputy Director of Education, Kolhapur Region and ors. ...Respondents ... Mr.M.S.Topkar for the petitioner. Mr.V.S.Masurkar, GP with Mr.A.B.Vagyani AGP for Respondents Nos. 1 & 2. Mr.N.V.Bandiwadekar for Respondents Nos.3 & 4. Mr.D.V.Sutar for Respondent No.5. ... CORAM: D.K.DESHMUKH, & A.R.JOSHI, JJ DATED: 13th January, 2010 P.C.: 1. The Petitioner, who is presently in service as Peon with Respondents Nos.3 & 4, challenges his non-selection for the post of Asst.Teacher in the same school. According to the Petitioner, during his service as a peon 2 he has improved his qualification and that his present qualification makes him eligible for the post of Asst.Teacher. According to the Petitioner, there was an advertisement issued advertising the vacancy of Asst.Teacher. The Petitioner applied for that. But his application was not considered. According to the Petitioner, therefore, appointment of Respondent No.5 who was selected and appointed is invalid. 2. The Respondents have filed their reply. They have pointed out that the application of the Petitioner was considered in accordance with law and the Selection Committee did not find him suitable for the post. On the contrary, the Respondent No.5 was found to be suitable for the post, and therefore he was selected and appointed. 3 3. We have nothing before us to doubt bonafides of the Selection Committee and there are no allegation of malice against anybody. Therefore, we have to go by the decision of the Selection Committee. We find no substance in the petition. It is rejected. (D.K.DESHMUKH, J.) (A.R.JOSHI, J.)