1 WP 1140/10 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1140 OF 2010 Vaidya Ramesh Chirkutaji Wavare .. Petitioner V/s The Principal of College of Smt. K.G. Mittal Punarvasu Ayurved Mahavidyalaya & Ors. .. Respondents Mrs. Lata Patne for the petitioner. Mr. G.S. Godbole i/b Mr. P.M. Arjunwadkar for respondent nos.1 to 4. Mr. S.B. Shetye for respondent no.5. Mr. S.N. Patil, A.G.P. for respondent nos.6 to 8. CORAM : B.H. MARLAPALLE & N.D. DESHPANDE JJ. DATE : 13TH SEPTEMBER 2010 P.C. : 1. We have heard Mr. Patne, learned counsel for the petitioner. 2. The petitioner prays for directions to promote him to the post of Professor in aided category and it is claimed that the petitioner has been selected for the said post on 29th June 2008 but in the unaided category. During the pendency of this petition, the management has issued an appointment order 2 WP 1140/10 dated 17th April 2010 in favour of the petitioner and in the post of full-time professor in the Department of Rasa Shastra. The petitioner has also prayed for quashing and setting aside the advertisement issued by the management to fill in the post of professor. 3. We have perused the affidavit in reply filed on behalf of the respondent nos.1 to 4 as well as the affidavit filed by the Administrative Officer in the Directorate of Ayurveda, Mumbai. There is no dispute that as of now there is no approved post of professor, Rasa Shastra and Bhaishajya Kalpana with the respondent college and the petitioner has been selected for the said post but as an unaided category. Our attention has been drawn to the proposal submitted by the respondent college on 4th August 2008 to the Secretary, Medical Education, Government of Maharashtra and it is submitted that the said proposal is still pending. 4. The relief prayed for by the petitioner cannot be granted as of now and it is for the State Government to decide the pending proposal submitted by the management on 4th August 2008. Unless the post of professor exists in the aided section, the petitioner cannot pray for a writ and ultimately again it is 3 WP 1140/10 subject to the selection by the management to such a post. We, therefore, direct the Secretary, Medical Education and Drugs Department, Government of Maharashtra and the Director of Ayurveda, Government of Maharashtra to decide the proposal submitted on 4th August 2008 by the respondent no.1, on its own merits and as expeditiously as possible. 5. Save and except the above directions, the petition stands rejected. (N.D. DESHPANDE, J.) (B.H. MARLAPALLE, J.)