1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2948 OF 2001 Shri Dr.Laxmandas Triolkinath Rawat .....Petitioner V/s. The State of Maharashtra and Ors. ..... Respondents Mr.S.S.Pakale, for the petitioner. Mrs.Madhubala Kajale, A.G.P., for the State. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : JULY 06, 2009 P.C. 1. By this petition vide Article 226 of the Constitution of India, the petitioner is challenging the order dated 07-12-2001 passed by the respondent No.2 and the order dated 29-11-2001 passed by the Maharashtra Administrative Tribunal. The petitioner seeks quashing of the said two orders. 2. The petitioner was employed in the respondent No.2 college as a Lecturer in Medicine. The petitioner is an M.B.B.S. & M.D. and has acquired the said qualifications in the year 1983-84 and 1987-88. The petitioner on the basis of the said qualifications was appointed as a Lecturer by the order dated 14-11-1990 in the vacancy meant for Scheduled Tribe. In the year 1992, the petitioner apprehending his 2 termination had filed Writ Petition No.332 of 1992, which on the establishment of the Maharashtra Administrative Tribunal was transferred to the said Tribunal, and came to be numbered as T.A.No.306 of 1992. While the petitioner was working as a Lecturer, the MPSC issued an advertisement for the post of Lecturer (Medicine) for the Scheduled Tribe. The petitioner applied for the said post and was selected. The petitioner on the basis of the said selection, applied for regularization as Lecturer (Medicine), for which he was appointed earlier. The petitioner was asked by the respondents to produce his original caste certificate. According to the petitioner, he furnished a certified true copy of his caste certificate along with his birth certificate. The respondents were not satisfied with the certified true copy being furnished by the petitioner and asked the petitioner to produce original caste certificate. There is a dispute as to whether the petitioner actually produced the original caste certificate or not, though the petitioner asserts in the petition that the caste certificate has been produced. It is the case of the respondents that in spite of the directions to that effect, the petitioner did not produce the same. The Original Application filed by the petitioner being 491 of 1994, which was filed by the petitioner inter alia for various reliefs came to be dismissed by observing that the petitioner has not produced the original caste certificate before respondent Nos.2 to 4. It is the case of the petitioner, as mentioned 3 hereinabove that in spite of the production of the original caste certificate, he was denied the appointment letter and in fact was terminated. This resulted in the petitioner filing the present writ petition. 3. At the time of the hearing of the above petition, the learned counsel for the petitioner submitted that he has received instructions from the petitioner that he is not interested in rejoining or being appointed by the respondents as Lecturer of Medicine as subsequent to the filing of the petition, he has been gainfully employed. In view thereof, it is now not necessary for us to go into the issue of the legality and validity of the termination order as well as the impugned order passed by the Tribunal. As regards the legality and validity of the said order of termination, since the termination is based on the non-furnishing of the original caste certificate by the petitioner and since there is a dispute as to whether the petitioner infact submitted the original caste certificate, it would not be possible for us to adjudicate the said issue. In any event, in the light of the statement made by the learned counsel for the petitioner, it is now not necessary for us to go into the said issue. In that view of the matter, no relief can be granted in the above petition, which accordingly stands dismissed. Rule discharged. ( R.M.SAVANT, J. ) (P.B.MAJMUDAR, J.)