1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2629 / 2011 (Shailesh Arjunrao Bhagat vs. State of Maharashtra and others ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : D.D.SINHA & A.P.BHANGALE, JJ DATED : 15th November, 2011 Heard Mr. P S Wathore, learned counsel for the petitioner and Mr M.V.Thakare, learned Assistant Government Pleader for respondents 1 to 4. Learned counsel for the petitioner has submitted that the Maharashtra Public Service Commission has issued an advertisement dated 28.1.2009 whereby applications were invited to fill up the post of Assistant Sports Officer as w ell as some other posts. The petitioner had applied for the said post, however the MPSC, vide communication dated 23.5.2011, communicated to the petitioner that he is not eligible to participate since he did not fulfill the educational criteria. Being aggrieved by the same, the petitioner filed an Original Application before the Maharashtra Administrative Tribunal impugning the said communication. The petitioner prayed for interim relief of grant of permission to participate in the process of selection which was refused by the Tribunal. Therefore, 2 the petitioner filed the present Writ Petition. Learned counsel for the petitioner has submitted that this Court by interim order dated 9th June, 2010 passed in the present Writ Petition, petitioner was permitted to participate in the process of interview provisionally and the MPSC was directed to interview the petitioner along with other candidates on scheduled date provisionally. However, this Court has made whole process subject to result of this petition. Pursuant to the interim order passed by this Court, the petitioner participated in the process of interview and result thereof is yet to be declared. In view of these undisputed facts, in our view, the cause of action in the present Writ Petition no more survives. Hence, Writ Petition is disposed of. Permission granted by this Court to the petitioner to participate in the process of interview was provisional. The result if declared by the MPSC, would also be provisional and shall not create any equity in favour of the petitioner and it shall be subject to result of the Original Application. With these observation, Writ Petition is disposed of. JUDGE JUDGE sahare