1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE LETTERS PATENT APPEAL NO.273 OF 2009 IN WRIT PETITION NO.5223 OF 2009 WITH CIVIL APPLICATION NO.267 OF 2009 Janata Shikshan Sanstha & Ors. .... Appellants Vs. The State of Maharashtra & Ors. .... Respondents S/Shri S.M. Oka i/b Rajdeep S. Khadapkar for the Appellants. Shri R.M. Patane, AGP, for Respondent Nos.1 to 3. CORAM: J.N. PATEL, ACTING C.J. & B.R. GAVAI, J. DATED: JANUARY 08, 2010 P.C: 1. The appeal challenges the order dated 29-7-2009 passed by a learned single Judge of this Court. Shri Oka, learned counsel appearing on behalf of the appellant, submits that since the learned single Judge has set aside the selection process, the valuable right of a candidate who is otherwise eligible to be 2 selected as the Principal has been violated. 2. The learned single Judge vide the impugned order has found that two members of the selection committee were disqualified under Section 41-D of the Bombay Public Trust Act and, therefore, held that the selection process conducted by the selection committee was not sustainable in law. It has further been found that the senior most teacher was holding the charge of the Principal since 29-2-2008. 3. We find no error or illegality in the findings recorded by the learned single Judge. In any case, the interest of the college has already been safeguarded in as much as the senior most teacher is discharging the duties of the Principal. In view of the above, the appeal is disposed of. 4. In view of disposal of the appeal, the civil application does not survive and accordingly stands disposed of. ACTING C.J. B.R. GAVAI, J.