1 WP1808.11 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1808 OF 2011 Jitendra Dattatreya Raut ... Petitioner v/s Nuclear Power Corpn. Of India Ltd. & anr. ... Respondents Mr.Makarand Bakore i/by Ms.L.A.Munim a/with H.K. Bhalerao i/by Rajesh Kothari & Co. for Resp. No.1. Mr.D.R. Shah for respondent No.2. CORAM: A.M.KHANWILKAR & R. Y. GANOO, JJ. DATED: 3RD AUGUST, 2011 P.C.: 1. By this writ petition direction is sought against respondent No.1 to consider the claim of the petitioner against vacancies notified. Counsel for respondents submits that very recently recruitment advertisement was issued on 30.10.2010. It was open to the petitioner to apply in response to the said advertisement and if the petitioner was found to be eligible he could have been appointed against available vacancy. In other words, the respondents are open 2 WP1808.11 to consider the claim of the petitioner against available vacancy subject to eligibility of the petitioner. 2. The petitioner contends that in the past he had applied on two occasions but he was not selected. Whether the petitioner should be selected or not is a matter which is within the domain of the Selection Committee. It is not open to the Court to issue direction to the respondents to select the petitioner. Suffice it to observe that the respondents have made statement before this Court that if the petitioner applies against the future recruitment advertisement, his claim will be considered by the respondents on its own merits subject to eligibility and availability of vacancy. That assurance is accepted. 3. In this view of the matter, nothing survives in the present petition. Disposed of accordingly. ( R. Y. GANOO, J. ) (A.M.KHANWILKAR, J.) 3 WP1808.11