1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO.3799/2009 (Arun N. Chaudhari .vs. Mah. Jivan Pradhakaran and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. P.S. Patil, Advocate for Petitioner. Mr. D.M. Kakani, Advocate for Respondents 1 to 3. .......... CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATED : OCTOBER 12, 2009 Heard Mr. Patil, learned counsel for the petitioner. The petitioner challenges the order dated 26.8.2009 by which respondent no.1 reverted the petitioner from the post of Executive Engineer to Sub Divisional Engineer on the ground that the petitioner has not passed professional examination. The Division Bench of this Court in Writ Petition No. 2163 of 2009 by order dated 10.6.2009 has held that passing of the professional examination is mandatory although passing of the departmental examination is optional and the exemption can be given from passing the departmental examination. According to Mr. Patil in terms of the Government Resolution, there is power to exempt but the fact remains that the such a power has not been exercised and in view of the Rules governing appointment to the post of Executive Engineer, passing 2 of the professional examination is mandatory as has been held by the Division Bench of this Court in Writ Petition No. 2163 of 2009. Hence we do not find any case to interfere in the present matter and accordingly the writ petition is dismissed accordingly. JUDGE JUDGE halwai