Jessy Shaji v. The State Of Maharashtra And 5 ORS.

WP. 1094-17 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION No. 1094 of 2017 Dr. (Mrs.) Jessy Shaji ...

Petitioner

Versus

The State Of Maharashtra &5 Ors.

...

Respondents *** Mr. C. K. Thomas i/b M/s. C. K. Thomas & Associates, for the Petitioner.

Ms. Jyoti Chavan, AGP for the Respondent Nos. 1 and 2. Ms. Minal Chandnani i/b J. S. Chandnani, for Respondent No. 3. Mr. P. M. Palshikar, for Respondent No. 4.

Mr. Saurabh S. Pakale i/b S. M. Katkar, for Respondent No. 6. *** CORAM : B. R. GAVAI, & RIYAZ I. CHAGLA, JJ.

DATE : AUGUST 1, 2017 PC.

1.

The Petitioner has approached this court raising objection to the appointment of Respondent No. 6.

2.

It is contention of the Petitioner that in view of pendency of the earlier petition filed by the present petitioner being Writ Petition No. 450 of 2005, the Respondents could not have filled in the post 1 / 2

WP. 1094-17 which is being occupied by the Respondent No. 6. 3.

The learned counsel appearing for the RespondentManagement, apart from raising a preliminary objection that petition is not maintainable, submitted that the Petitioner has participated in the selection process. He further submits that the post on which Respondent No. 6 is appointed is not the same post as was occupied by the Petitioner. Respondent No. 3 in the affidavit filed by Dr. (Mrs.) Urmila Joshi, the Principal of the College has categorically stated in para 28 that:

"29. ... I say and submit that the pending petition is in relation to the post of Professor of P. G. Course, whereas the present appointment is for the post of Professor (U. G. Course)."

4.

In view of the aforesaid statement made in the affidavit in reply on behalf of Respondent No. 3, learned counsel appearing for the Petitioner submits that the Petitioner does not press the petition and therefore, seeks leave to withdraw the petition. Writ petition is accordingly disposed of as withdrawn.

Sd/- Sd/- [RIYAZ I. CHAGLA, J.] [B. R. GAVAI, J.] Vinayak Halemath 2 / 2