10-wp.442-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.442 OF 2009 Aslam Khan Chote Khan and others. ..Petitioners. Versus The Commissioner, Municipal Corporation for the city of Bhiwandi Nizampur, Dist. Thane and 5 others. ..Respondents. .... Mr.P.K. Dhakephalkar, Sr.Advocate i/b. S.U. Dhakephalkar, Advocate for the petitioners. Mr.C.R. Sonawane, A.G.P., for respondent Nos.5 & 6. Mr.N.R.Bubna, Advocate for respondent No.1. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 18TH NOVEMBER, 2009 P.C.:- 1. Out of 20 petitioners, except petitioner Nos.2, 4, 6, 13, 16, 17 & 18, the other petitioners' names have been deleted because they have been appointed. So far as petitioner No.15 is concerned, the learned Advocate appearing for the Corporation has also stated before us that he has also been appointed. 2. Of all the remaining petitioners, petitioner No.4 Patil Janardhan Suresh was selected for Marathi medium school and other 10-wp.442-09 2 petitioners were selected for Urdu medium school. The stand of the corporation is that the select list in which the names of the petitioners were included was to be considered with reference to the vacancies of the year, 2007. So far as Marathi medium is concerned there were six vacancies belonging to Open category. All the six vacancies were filled-in during the year 2007 itself and no vacancies belonging to the open category were carried forward. 3. Petitioner No.4, therefore, cannot get appointment. Same is the case with Urdu vacancies. In the year, 2007, recruitment in excess of the vacancy of that year was done and the petitioner who remained to be appointed cannot get appointed in the absence of the vacancy. In view of this stand taken by the Corporation, no orders can be passed in Writ Petition in favour of the petitioners. 4. Writ Petition is disposed of accordingly. (D.K.DESHMUKH,J) (K.K. TATED,J)