- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5179/2009 Aashish Trimbakrao Jadhavar. ...Petitioner.. Versus The State of Maharashtra & others. ...Respondents... ..... Petitioner party in person. Shri N.B. Khandare, Government Pleader for respondent no.1. Shri P.M. Shah, Senior Counsel for respondent no.2. ..... CORAM: P.V. HARDAS & A.V. POTDAR, JJ. DATE: 10.08.2009 PER COURT: Heard petitioner in person and learned counsel for the respondent nos.1 & 2. This is a petition under Article 226 of the Constitution of India by which the petitioner prays for directing the Maharashtra Public Service Commission to delete the names of ineligible candidates from the list of qualified candidates and include equal number of duly qualified candidates in - 2 - the said list for the purpose of Mains Examination for the post of Civil Judge (Junior Division) and Judicial Magistrate (First Class). It appears that the principal grievance of the petitioner is that approximately 400 candidates have been held to be eligible and accordingly their names have been displayed in the list of qualifying candidates for the aforesaid examination on the basis of interim orders, which have been passed in the petitions, which are pending before the principal seat of this High Court at Bombay. Obviously, the so called ineligible candidates, who are allowed to appear for examination on the strength of the interim orders, have not been joined as parties to the petition. The petitioner seeks for directing the MPSC for deletion of their names. In the absence of the affected candidates being parties to the petition, the relief as prayed for by the petitioner can not be granted. There is, thus, no merit in the petition and the same is summarily dismissed with no order as to costs. (A.V. Potdar, J.) (P.V. Hardas, J.) ndk/c1080929