1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7568 OF 2010 Shridevi d/o Diliprao Masure, age 22 years, Occ. Student, R/o Kanhegaon, Tq. Lohara, District Osmanabad. ... PETITIONER VERSUS 1. The State of Maharashtra, through its Secretary, Department of Education & Sports, Maharashtra State, Mantralaya, Mumbai – 32. 2. The Commissioner, Maharashtra State Examination Council, 17, Dr. Ambedkar Road, Maharashtra, Pune – 411 001 3. Chief Executive Officer, Sarva Shiksha Abhiyan, Zilla Parishad, Osmanabad, District Osmanabad. 4. Education Officer (Primary)/ Member Secretary, Zilla Parishad, Osmanabad, District Osmanabad. ... RESPONDENTS ..... Shri S.B. Gastagar, Advocate for the petitioner Shri N.B. Patil, A.G.P. for respondent No.1, Shri A.R. Nikam, Advocate for respondent No.2. Shri A.B. Dhongade, Advocate for respondent Nos.3 & 4 ..... 2 CORAM: R.S. MOHITE & SHRIHARI P. DAVARE, JJ. DATED: 30th August, 2010 ORAL JUDGMENT (PER SHRIHARI P. DAVARE, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is taken up for final hearing at the admission stage. 2. By the present petition under Article 226 of the Constitution of India, the petitioner prays that, appropriate writ/ directions be issued to quash and set aside the impugned communication dated 22.7.2010, issued by respondent No.4 Authority, disqualifying the petitioner for the post of Primary Shikshan Sevak from 20% reservation from English medium candidate and also prays that the respondent Nos.3 and 4 be directed to issue appointment order to the petitioner for the post of Primary Shikshan Sevak from 20% reservation for English medium candidate. 3. According to the petitioner, she belongs to Mahar caste i.e. Scheduled Caste and she completed her education up to H.S.C. from English medium from Jawahar Navodaya Vidyalaya, Latur and later on completed D. Ed. Course in English medium. 3 4. It is the contention of the petitioner that, the Commissioner of Maharashtra State Examination Council, Pune (i.e. respondent No.2) had published advertisement inviting applications for recruitment of primary Shikshan Sevak and issued Broacher in that respect by giving reference of Government Resolution dated 16.12.2009 for Central Pre-Recruitment Examination from academic year 2009-2010, wherein Rule 16 i.e. in respect of 20% reservation who have completed 12th Standard and D.Ed. Course from English medium was incorporated. 5. As per the schedule, the respondent No.2 conducted Central Pre-Recruitment Examination on 2.5.2010 for the recruitment of Primary Shikshan Sevak and declared its result on 1.6.2010. The petitioner claims that she secured 146 marks out of 200 marks in the said examination. The petitioner was interviewed by respondent Nos. 3 and 4. However, the name of the petitioner was not included as selected candidate. Hence, petitioner made enquiry with the concerned authority. Thereupon, respondent No.4, under his signature issued a chart of candidates who are disqualified for the production of wrong documents. The respondent No.4 also issued a communication dated 22.7.2010 to the petitioner about her disqualification for appointment on the post of Primary Shikshan Sevak 4 and intimated that the 10th Standard in Jawahar Navodaya Vidyalaya is not from English medium and not eligible for reservation of English medium-A. Being aggrieved and dissatisfied by the issuance of the said communication dated 22.7.2010 by respondent No.4, the petitioner has filed the present petition for the prayers as set out hereinabove. 6. Heard learned counsel for the parties. 7. During the course of arguments, the learned counsel for respondents produced the copy of the Government Resolution dated 22.7.2010 and same is taken on record and marked as Document “X”. 8. During the course of arguments, it is pointed out that, the respondent No.3 issued a letter dated 21.7.2010 to the respondent No. 2 for the consideration of the candidates who were disqualified, who have studied in Navodaya Vidyalaya up to 10th Standard. 9. In pursuance of the said communication dated 21.7.2010 and also in pursuance of the Government Resolution dated 22.7.2010, the learned counsel for the respondent No.2, on instructions, made a statement that the case of the petitioner can be considered in “C” category of Government Resolution dated 22.7.2010 on merits and the 5 said statement is accepted and taken on record. 10. In view of the said statement, and its acceptance, we direct the respondent Nos.2 to furnish the list of eligible candidates in “C” category to the respondent Nos.3 and 4 within a period of four weeks and respondent Nos.3 and 4 to act in pursuance of the said list in respect of existing vacancies and consider the claim of the petitioner on its own merits therefor within a period of eight weeks thereafter. Rule made absolute accordingly. 11. Parties to act on the authenticated copy of this judgment, duly signed by the Sheristedar. (SHRIHARI P. DAVARE, J.) (R.S. MOHITE, J.)