1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 3897/2008. ( Akhil Bhartiya -: versus :- State of Maharashtra and another ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATED : OCTOBER 6, 2009. Heard Shri R.S. Parsodkar, learned Counsel for petitioners and Shri N.W. Sambre, learned G.P. for respondents. In pursuance of our earlier order dated 11.09.2009, today the learned Government Pleader has produced a communication dated 06.10.2009 sent to his office by the Deputy Director of Education, Amravati. As per the said communication, the Deputy Director has accepted the roaster as certified by the Naib Tahsildar (Backward Cell) on 06.05.2005, which shows that one post for Scheduled Tribe and one post for open category. Office of the Deputy Director has stated that if Nilesh Balasaheb Ingle is appointed against the available roaster point and his proposal is sent accordingly, it can be examined in accordance with law by the said office. Though while mentioning that there is one post for open category word ‘backlog’ has been used, the said office has accepted that one post can be filled in from open category candidate. Shri Nilesh Ingle, is candidate from open 2 category. It is therefore obvious that the earlier order dated 02.09.2006 and further order dated 16.04.2008 are rendered infructuous and cannot stand. Accordingly the petitioner to furnish necessary proposal for approval of service of Shri Nilesh Ingle to the office of the Deputy Director, Amravati by 30.10.2009. The said Authority to consider the proposal and to pass appropriate orders in accordance with the law by 31.12.2009. Rule accordingly. No costs. JUDGE JUDGE Rgd.