1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2207 OF 2009 ... Shri Mahamane Santosh Sukumar ..Petitioner v/s. The State of Maharashtra & ors. ..Respondents ... Mr.A.M.Joshi for the Petitioner. Mr.V.S.Gokhale, AGP for State. ... CORAM: D.K.DESHMUKH, & K.K.TATED, JJ DATED:19th December,2009 P.C.: 1. By this petition the Petitioner seeks a direction to the Respondent to upgrade the Petitioner to the post of teacher in graduate scale in a recognised school. The Petitioner 2 also seeks a direction to the Respondent to place the Petitioner in the seniority list treating him as a graduate scale teacher. The Petitioner, though, a graduate trained teacher, was appointed in non-graduate scale. The Petitioner is claiming his upgradation on the basis of a letter at Exh.B from the Director of Education. We have by our order passed in Writ Petition No.1850 of 2009 decided on 10-12-2009, held that the instructions contained in that circular are contrary to the provisions of M.E.P.S.Act and therefore, they are not enforceable. 2. The learned Counsel appearing for the Petitioner submits that the Respondent No.5 has been appointed in the year 2006 in a graduate scale. We do not find any grievance made in the petition that the Respondent No.5 was appointed in graduate scale with effect 3 from 1-7-2006 without issuing any advertisement. In our opinion, even assuming that the Respondent No.5 was appointed in graduate scale without issuing any advertisement, her appointment admittedly is on 1-7-2006. The present petition has been filed in the month of February, 2009 without making a prayer for setting aside her appointment. 3. Taking overall view of the matter, therefore, in our opinion, present petition has no substance. It is rejected. (D.K.DESHMUKH, J.) (K.K.TATED, J.)