1 1446.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1446 OF 2011 IN WRIT PETITION NO.1795 OF 2009 Sunil Balasaheb Malshikare ...Applicant Versus The Superintendent of Police, Thane (Rural), Thane & Anr. ...Respondents ...... Ms.Smita Mane for Applicant. Mrs.S.S.Bhende, A.G.P. for Respondents. ...... CORAM:- A.M.KHANWILKAR AND R.Y.GANOO, JJ. DATED:- JULY 19, 2011. P.C. 1. Learned A.G.P. on instructions states that insofar as the main matter is concerned, she will have to take instructions from the Secretary of the concerned Department, on the basis of which, the matter can be disposed of on some appropriate date. 2. In the meantime, however, since the departmental examination for considering the incumbents for promotion is to be conducted and the examination forms are to be filled in on or before 19th July, 2011, in the interest of justice, we accede to the request of the applicant to direct the 2 1446.11 respondents to allow the applicant to allow him to fill in the form and appear for the ensuing departmental examination. That, however, will be without prejudice to the rights and contentions of the respective parties and subject to the outcome of the Writ Petition. 3. Application is made absolute in terms of prayer clause (a), which reads thus: “(a) The Applicant be permitted to appear for departmental examination thereby permitting the Applicant to submit the examination form on or before 19.07.2011 on such terms and conditions as this Hon’ble Court may deem fit and proper.” 4. Insofar as Writ Petition is concerned, the same be listed under caption `directions’ on 1st August, 2011. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)