1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7962 OF 2007 WRIT PETITION NO. 7962 OF 2007 WRIT PETITION NO. 7962 OF 2007 Ravi Narayan Nikam. .. Petitioner. vs. Division Controller, Nashik Division, Maharashtra State Road Transport Corporation & Ors. .. Respondents. Mr. M.N. Sandhyanshiv for Petitioner. Mr. G.S. Hegde for Respondent no.1. Mr. Anil Kumar Patil for Respondent no.2. Mr. P.I. Khemani, AGP., for Respondent no.3. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. DATE: 11TH MARCH, 2008. DATE: 11TH MARCH, 2008. DATE: 11TH MARCH, 2008. P.C. . Heard. 2. The petitioner has challenged the decision of the respondent in selecting respondent no. 2 to the post of Fitter by ignoring his claim, on the ground that the respondent no. 2 does not possess the 2 essential qualification as specified in the eligibility criteria as per the advertisement issued by respondent no. 1 and secondly that the petitioner is more competent. 3. In the affidavit in reply it has been placed on record that the candidates for the said post were put to trade test and interview and there the respondent no. 2 having scored more marks than the petitioner, came to be selected. It is also pointed out that a person with five years experience in the trade is also eligible though he may not possess a ITI certificate. 4. The petitioner has not made out any case to show that the respondent no. 2 has been selected as a favour to him by the Selection Board. In so far as the contention of the learned counsel for the petitioner that a ITI candidate is to be preferred against a non-ITI candidate cannot be accepted as the eligibility criteria prescribed for the said post clearly lays down that a person should be either holding a ITI certificate with three years experience or otherwise possessing five years experience in the trade is eligible to apply for the same. Therefore, we find no merit in the petition. The same is dismissed. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.) 3