1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1737 OF 1994 Niaz Mohd. Khan S/o Faiz Mohd.Khan Age : 43 Yrs., Occ. Govt. Service, } R/o : Block No. 13, Model Housing } Co-op. Society, N-12, Delhi Gate, } Aurangabad. } ..... PETITIONER V E R S U S 1. The State of Maharashtra } 2. The Secretary } Ministry of Education, } Mantralaya, Bombay. } .... RESPONDENTS Mr. P.R.Katneshwarkar, Advocate for petitioner. Mr. K.B.Chaudhari, Additional Govt. Pleader for State. CORAM : B.R.GAVAI & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT: 08/06/2010 ORAL JUDGMENT : [ PER – B.R.GAVAI, J. ] 1. By way of present Writ Petition, the petitioner seek direction against respondent nos. 1 and 2 to appoint the petitioner in Maharashtra Education Services (Administrative Branch ) Class-I in the State of Maharashtra. 2 2. The petitioner belongs to Scheduled Tribe (Tadvi). The caste claim of the petitioner came to be invalidated by the Caste Scrutiny Committee. The petitioner, therefore, preferred an Appeal before the Additional Commissioner, Aurangabad , who allowed the said Appeal by his Order dated 24/9/1993. It appears that in the mean time the petitioner was selected in the Maharashtra Education Services for Class-I post. However, he was not appointed as his caste claim came to be invalidated. 3. Taking into consideration the fact that the tribe claim of the petitioner is already validated, the interim order is passed on 28/9/1994. Already almost 16 years have passed from the said date. In any event, since the petitioner’s claim has been validated by the appellate authority, he was entitled to the post reserved for Scheduled Tribe category. It is found that the petitioner has successfully cleared the M.P.S.C. Examination. 4. In that view of the matter, Rule is is made absolute by holding that the petitioner was entitled to be appointed in Maharashtra Education Services ( Administrative Branch ) Class-I against the post reserved for Scheduled Tribe candidate. 5. Needless to state that the entitlement of the petitioner on 3 the said post would be from the date on which the interim order passed by this Court has been given effect to. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 1737.94 ( J )