FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2096 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. R.R. Suryawanshi, Advocate for the petitioner Mr. K.M. Suryawanshi, AGP for respondents. CORAM :- D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE :- 13TH JUNE, 2011. PER COURT :- 1] Heard learned counsel for the petitioner. This petition is directed against the judgment and order dated 9.3.2011 passed by the Maharashtra Administrative Tribunal, rejecting Original Application No. 138/2010 filed by the petitioner. By that application, the petitioner sought an appointment as Civil Surgeon contending that he was selected for the said post and not for the post of Medical Superintendent, on which he has been appointed. 2] With the assistance of learned counsel for the petitioner, we have perused the advertisement, the other several documents placed on record and the impugned order. 3] From bare perusal of the advertisement, it is clear that it was issued for the posts of District Civil Surgeon FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2096 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 Cadre consisting of Civil Surgeon, Superintendent of Hospital, Deputy Superintendent of Teaching Hospital etc. Alongwith the petitioner, 19 other candidates were also recommended by the MPSC for the civil surgeon cadre. 5] The Tribunal has considered this aspect in proper perspective and in para. 5 and 6 of the impugned judgment, observed thus :- "When advertisement itself indicates that, selection was for five types of posts as enlisted hereinabove, applicant cannot have any grievance or right to be enforced through this Tribunal, till the time he is appointed in any one of the posts out of five types (a) to (e) and in the pay scale of Rs.15600-39100 + Grade Pay 6600. The appointment order indicates that, he is appointed as Medical Superintendent. It is also pertinent to note that, in the two orders of appointment (P.b.p. 44 to 51) as many as 90 + 17 = 107 selected candidates are appointed. All of them are appointed as Medical Superintendent and none of them is appointed as Civil Surgeon. Thus applicant has not suffered any discrimination. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2096 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 6. We are unable to agree with the submission of advocate Shri Thombre that, the applicant has applied only for the post of Civil Surgeon and that he can be appointed only as Civil Surgeon. We, therefore, find no merit in the claim of the applicant and application is, therefore, dismissed, inlimine.” 6] We do not find any reason to take a view different from the one taken by the Maharashtra Administrative Tribunal. No case for interference is made out. Moreover, it is pertinent to note that none of the candidates, either above or below the petitioner, in the select list, have been appointed as Civil Surgeon till this date. This fact fortifies the stand of the respondents that no post of Civil Surgeon is available as of today, for appointment of the selected candidates. 7] There is no substance in the petition. The same is dismissed. [S.B. DESHMUKH,J.] [D.B. BHOSALE, J.] grt/- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2096 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 4