hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 759 OF 2008 WRIT PETITION NO. 759 OF 2008 WRIT PETITION NO. 759 OF 2008 Samir S. Mane and Anr. ... Petitioners Versus B.M.C. & Ors. ... Respondents Mr.S.D. Rupwate for the Petitioner. Mr. C.U. Singh, Sr. Counsel with Mrs. A.K. Savla for R. Nos. 1 to 4. Mr. Prakash S. Devdas for R. No. 6. Mr. D.A. Nalavade, G.P. for R. No. 5. CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & A.A. KUMBHAKONI, JJ. A.A. KUMBHAKONI, JJ. A.A. KUMBHAKONI, JJ. DATED: OCTOBER 01, 2008 DATED: OCTOBER 01, 2008 DATED: OCTOBER 01, 2008 P.C. P.C. P.C. . Rule. Heard forthwith. . The Petitioners herein are the candidates who had applied pursuant to the advertisement for the post of Assistant Security Officers. It is their contention that they have passed the examination. It is their further contention that upon advertisement the respondent corporation had sought to fill in various posts including the post of the Assistant Security Officer. The Respondent Corporation has filled in the other post but has not filled in the post of Assistant Security Officers. . They have therefore, came to this court praying that this court be pleased to issue a writ by way of mandamus ordering or directing Respondent Nos. 1 to 2 4 to forthwith declare the results of the interviews of the Petitioners held on 4.4.2006 and complete the process of recruitment for the post of Assistant Security Officers, in pursuance of the advertisement dated 18.8.2004. . The stand of the respondent Corporation is that there was a ban on recruitment initially and as such they proceeded to consider the internal candidates for the said posts. They further held the test which was physical test and interviews. No written examination was held. . The respondent thereafter advertised various vacancies, including for the posts for which internal examinations had been held and pursuant to that candidates applied and tests were held. The vacancies to be filled in both by internal and external tests were to fill in the backlog meant for reserved categories. In so far as external candidates are concerned, the tests held were (1) physical (2) written and (3) interview. For internal candidates only two of the tests were held. . The Respondent Corporation till date though has filled in other posts, has not filled in the posts which are the subject matter of the petition. 3 . Considering the reliefs prayed for, in our opinion, it will not be possible for this court to grant the reliefs as prayed for. It is for the employer respondent corporation herein to take a decision as to whether to proceed and fill in the posts based on the test as already held or not. It is only in the event that the respondent corporation takes a decision to fill or not to fill in the posts and if that be arbitrary, it would be open to this court to intervene and not otherwise. As pointed out earlier, these were vacancies to be filled in by direct recruitment. . In these circumstances, at the highest the only relief that this court can grant is directing respondent No. 4 corporation to take a decision both as to the internal and external candidates based on the tests already held within a period of four weeks from today. . With the above observations, Petition disposed of. . We make it clear that the interim order of the Industrial Court will not stand in the way of the respondent corporation taking appropriate decision on the issue in question. 4 (A.A. KUMBHAKONI, J.) (A.A. KUMBHAKONI, J.) (A.A. KUMBHAKONI, J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.)