: 1 : wp-2581-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2581 OF 2011 Sanjiv Kashinath Mhatre .. Petitioner v/s. The State of Maharashtra & Ors. .. Respondents ......... Mr. G.J. Sabnis for the petitioner Mr. V.S. Gokhale, AGP for respondent nos. 1 and 2 Mr. Susheel Mahadeshwar i/b Ms.Ranjana Todankar for respondent no.5 ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 9th AUGUST, 2011. P.C. : 1. Heard Counsel for the parties. 2. Preliminary objection is raised by the Counsel for respondent no.5 who admittedly is working as Assistant Headmistress since year 1996. This petition is to challenge the said appointment of respondent no.5, which has been filed only now in the year 2011 by the petitioner. The grievance in the present petition is that the petitioner is 12 years senior to the respondent no.5 and ignoring his claim, the respondent no.5 has been appointed to the said post. The fact remains that the respondent : 2 : wp-2581-11=.doc no.5 was appointed by the management in the year 1996. That appointment was not challenged by the petitioner till now. The fact that the approval process regarding the appointment of respondent no. 5 did not fructify, cannot enure any fresh cause of action in favour of the petitioner. The petitioner was not prevented from challenging the initial appointment of the respondent no.5 soon after appointment of the respondent no.5 in the year 1996. It is also not in dispute that two schools were merged in the year 2000 and respondent no.5 continued to discharge the responsibility of Assistant Headmistress since then, till now. 3. It is, therefore, too late in the day to challenge the appointment of respondent no.5. We find force in the argument of respondent no.5 that the observations of the Apex Court in the case of Shiba Shankar Mohapatra Vs. State of Orissa & Ors. reported in (2010) 12, SCC 471, in particular paragraph 29 and 30 would apply to the fact situation of the present case. 4. Hence, petition is dismissed on the ground of laches. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)