-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1025 OF 2008 IN WRIT PETITION NO. 982 OF 2008 Adhikrao B. Jadhav ...Petitioner versus Sevagiri Shikshan Prasarak Mandal and others ... Respondents Mr. N.V. Bandiwadekar for the petitioner. Mr. P. Bohade, instructed by Mr. Dilip Bodake, for respondent No.1. Mr. P.I. Khemani, AGP, for the State. CORAM: P.B. MAJMUDAR, J. DATE: AUGUST 13, 2008. P.C. By filing this Civil Application, it has been prayed that respondent Nos. 1 and 2 may be directed to appoint the petitioner as a Peon in the vacancy available with Respondent No.1 as the person who was earlier occupying the said post has died and there is only one vacancy in the institution. 2. So far as the main writ petition is concerned, the petitioner has challenged the order of the School Tribunal rejecting the appeal against the order of termination. The prayer made in the civil application is opposed by the other side. In my view, no such direction as prayed for in the application -2- can be granted as this Court is required to decide the writ petition . If any subsequent post has become vacant, it is for the management to fill up the same in accordance with law. However, if the petitioner is eligible his application for such post may be considered and his application may not be thrown out on the ground of pendency of the present petition. However, whether he is eligible for such appointment or not is the question which is left to be considered by the management. Simply because this petition is pending, that may not be treated as a ground for not considering his application and such application may be considered in accordance with law. In my view, no other order can be passed in this Civil application and prayer made in the Civil Application cannot be granted. I agree with the submission of Mr. Bohade that no such prayer made in the Civil Application can be granted. The Civil Application is accordingly rejected subject to what is stated above. P.B. MAJMUDAR, J.