1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No. 3990/2007 ( Narendra Raghoji Balpande Versus The State of Mah. & others) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Mr. Neware, counsel for the petitioner. Mr. Thakre, Asstt. G.P. for the respondent no.1. Mr. Majid Sheikh, counsel for the R-2 & 3. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK , JJ DATED : DECEMBER 14, 2007 Heard Mr. Neware, the learned counsel for the petitioner, Mr. Thakre, the learned Assistant Government Pleader for the respondent no.1 and Mr. Sheikh, the learned counsel for the respondent no.2 and 3. The grievance of the petitioner is that though the petitioner was otherwise eligible to be considered for the promotional post of Health Worker pursuant to the advertisement dated 15.06.2006, his claim was rejected without any justification. The counsel for the respondent nos.2 and 3 in 2 the written submission has categorically made a statement, particularly in paragraph 4 that the list of selected candidates dated 18.07.2006 demonstrate the names of the selected candidates, who have secured more marks than the petitioner. There were only 24 posts to be filled in from promotion/nomination, and therefore, claim of the petitioner could not be considered. In view of the above referred statement made by the counsel for the respondent nos.2 and 3, the petition suffers from lack of merits. There is no reason for us to disbelieve the statement made by counsel for the respondent nos.2 and 3 and relying on the same, we dispose of the writ petition at this stage. JUDGE JUDGE APTE