1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 1429 OF 2007 Liberal Education Society & another .vs. The State of Mah. & another ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. Mr. B.G. Kulkarni, Advocate for petitioners. Mr. S.B. Ahirkar, A.G.P. for respondent nos. 1 to 4, Mr. P.N. Shende, Advocate for respondent no.5. CORAM: D.K. DESHMUKH & PRASANNA B. VARALE, JJ. DATED: NOVEMBER 24, 2008. Heard the learned Counsel for the petitioners. Perused the record including an order dated 7.12.2006 passed in Writ Petition No. 4716/06. All challenges available to the petitioner against the order of the Deputy Director directing the petitioner to absorb the respondent no.5 were raised in that petition. Perusal of that order shows that the Court had ordered enquiry and, therefore, point that was left open was whether due to absorption of the respondent no.5 there will be roster imbalance in the institution of the petitioner. That issue has been considered by the Deputy Director and it appears that the vacancy now available with the petitioner is in open category and the respondent no.5 under the former management was also selected against an open seat. Therefore, there is no question of there being roster imbalance. In view of the order dated 7.12.2006, all other issues are deemed to 2 have been closed and cannot be gone in the petition. The petition, therefore, cannot be entertained. It is rejected. JUDGE JUDGE. J.