1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.5778 OF 2009 Dr.Prithviraj s/o Kalyanrao Chavan .. Petitioner Versus The Commissioner, Integrated Child Development Services Scheme, Maharashtra State, Mumbai and others .. Respondents Shri R.V.Gore, Advocate for the petitioner Shri N.B.Khandare, Government Pleader for respondents CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 1st September 2009 PER COURT : 1. This is a petition under Article 226 of the Constitution of India challenging the order passed by the Aurangabad Bench of the Maharashtra Administrative Tribunal dated 27.8.2009 in Original Application No.839 of 2009. It appears that the petitioner had filed the aforesaid original application before the Tribunal challenging the order dated 12.8.2009 issued by the Commissioner of Integrated Child Development Services Scheme. It appears that the posts which was being held by the petitioner was abolished on account of the fact that extension was not granted. These 26 posts of Medical Officers and 28 posts of Nurses and four posts of Assistant Nurses came to be abolished. 2 The petitioner being aggrieved by the said communication challenged it before the Tribunal. The Tribunal upon consideration of the submissions advanced before it found that the services of the petitioner were protected as it was directed that he should be absorbed elsewhere till 31.8.2009. In the light of that the tribunal dismissed the original application. 2. Shri Gore, learned Counsel for the petitioner has stated before us that the petitioner is not in that sense challenging the order passed by the Tribunal upholding the abolishing of the posts but the petitioner says that abolishing of the posts is a mala fide exercise by the respondents. According to the petitioner the presence of the Medical Officer in the implementation of the said scheme is essential and without which the entire scheme is likely to be crippled. Learned Counsel for the petitioner has placed reliance on the judgment of Supreme Court in Paschim Banga Khet Mazdoor Samity and others v. State of West Bengal and another, AIR 1996 SUPREME COURT 2426. 3. The petitioner is in a petition before us assailing the order of the tribunal. We find that no case for interference in the order of the tribunal is made out by the petitioner. It is an administrative decision in respect of the abolition of the posts. As to whether the presence of the Medical Officers for the effective 3 implementation of the scheme is necessary or not is a question which has to be addressed by the respondents and the Court cannot substitute its views as the Court does not have the necessary expertise in the matter. The ratio laid down by the Supreme Court in Paschim Banga Khet Mazdoor Samity and others v. State of West Bengal and another (supra), in the facts of the present case is inapplicable. 4. After careful consideration of the submissions advanced before us by the learned Counsel for the petitioner, according to us, there is no merit in the petition and the petition, therefore, deserves to be summarily dismissed and is accordingly dismissed with no orders as to costs. ( A.V.POTDAR, J.) ( P.V.HARDAS, J.) vvr/5778.09wp