1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Writ Petition No. 517 of 2008 Santosh Marotrao Jakwad Vs. State of Mah. & Ano. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri F. T. Mirza Adv. for petitioner. Shri A. G. Mujumdar AGP for respondent. CORAM: D. D. SINHA & C. L. PANGARKAR JJ. Dated: 24 th June, 2008. Heard Shri Mirza learned counsel for the petitioner and Shri Mujumdar learned Assistant Government Pleader for the respondents. Counsel for the petitioner has submitted that in the instant case the grievance of the petitioner is in respect of the 2 process of filling up the posts of Police Constable undertaken by the respondent. It is submitted that so far as NT-B Category is concerned there were three posts out of which two were reserved for NT-B Male Category and one for NT-B Female Category. It is submitted that in view of the Government Resolution dated 25.05.2001, particularly in view of Clause (7) (page 33) if the lady candidate is not available then in that case the said seat is required to be filled in by appointing male candidate belonging to the said category i.e. NT-B. Learned counsel for the petitioner has submitted that in the instant case since the female candidate was not available the respondent ought to have appointed petitioner who is male and belongs to NT-B Category instead of appointing somebody who is an ex-serviceman. We direct the learned Assistant Government Pleader to seek instructions in this regard and file a short affidavit giving details about the name of the person who is appointed (Ex- serviceman) and whether he belongs to NT-B Category and has scored more marks than the petitioner in the interview. 3 Place the matter on 03.07.2008. Steno copy of the order be supplied to counsel for the parties. JUDGE JUDGE svk