1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.3496 OF 2006 (PRASHANT M NIMBALKAR Vs. V.N.I.T. & ANR.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri S.K. Tambde, Advocate for Petitioner. Shri Anand Parchure, Advocate for Respondent No.1. Shri N.P. Hiwase, Advocate for Respondent No.2. CORAM : A.M.KHANWILKAR & R.C.CHAVAN, JJ. DATED : MAY 05, 2008. 1. The learned counsel for the petitioner in all fairness accepts that the exposition in the case of Sonali Ramkrishna Vs. State of Maharashtra, reported at 2003(5) Mh.L.. 738 would apply to the fact situation of the present case; as the present petitioner has participated in the selection process, for the reason stated therein the petitioner would be disentitled to pursue the present writ petition. The learned counsel, however, submits that the post for which the petitioner had applied is still vacant and the petitioner's case can be considered in O.B.C. Category. The learned counsel for the 2 respondent submits that the said post will be re-advertised in which case the petitioner may participate in the selection process. That his claim will be considered on its own merits. 2. In these circumstances, this petition is disposed of on the above terms. JUDGE JUDGE RR.