1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. MISC. CIVIL APPLICATION No.915/2011 IN WRIT PETITION No.1623/2011. Narendrakumar Bhaskarrao Sardar -versus- State of Maharashtra and others. __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : B.P.DHARMADHIKARI & A.P. BHANGALE, JJ. DATED : OCTOBER 10, 2011. Heard Shri P.S. Wathore, learned Counsel for applicant and learned A.G.P. for non-applicants. In view of the reasons disclosed, Writ Petition is restored. Misc. Civil Application is accordingly disposed of. …..... On Merits. Heard learned Counsel for the parties. Respondent No.6 admittedly belongs to Scheduled Caste and has secured more marks than 2 petitioner. Shri Wathore, learned counsel for petitioner however has contended that the government resolution dated 16.03.1999 has not been followed in present matter and after declaration of result i.e. after declaration of list of selected candidates, respondent no.6 approached Collector and the Collector added name of respondent no.6 in select list in Scheduled Caste category and name of petitioner came to be deleted. His contention is, respondent no.6 had given up his claim for consideration in Scheduled Caste category and he did not participate in second stage of selection. Learned A.G.P. is supporting the impugned orders. Perusal of government resolution dated 16.03.1999 shows that after the selection process is over, the agency has to first prepare list of candidates selected from open category and thereafter at second stage, it has to prepare list of candidates belonging to reserved category i.e. those, for whom there is reservation on caste basis. Lastly, the provisions for horizontal reservation is 3 also made. It is apparent that a Scheduled Caste candidate who on the basis of his merits gets selected at first stage is selected against open category and therefore, there is no question of he being considered in second stage. Other candidate who is not so selected at first stage is entitled to be considered at second stage. The Collector has only accordingly corrected the error which crept in while preparing the select list. There is no question of respondent no.6 participating again in selection process. We therefore, do not find anything wrong with the consideration of the controversy by the Maharashtra Administrative Tribunal. Writ Petition is, therefore, dismissed. No costs. JUDGE JUDGE Rgd.