WP 6995/10 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6995/2010 Subhash Kondiba Bansod, age 41 yrs., occu.nil, r/o at Sindhephal Post Talni Tq.Sillod Dist.Aurangabad. ...Petitioner.. Versus 1] The Zilla Parishad, Aurangabad. Through its Chief Executive Officer. 2] The State of Maharashtra, through the Secretary, Rural Development Department, Mantralaya, Mumbai – 400 032. 3] The Secretary, General Administration Department, Mantralaya, Mumbai – 400 032. ...Respondents... ..... Shri Ajay S. Deshpande, Advocate for petitioner. Shri Dilip Bankar Patil, Advocate for respondent no.1. Shri V.D. Godbharle, AGP for respondent nos.2 & 3.. ..... CORAM: D.B. BHOSALE & M.T. JOSHI, JJ. DATE: 20.04.2011 WP 6995/10 - 2 - PER COURT : 1] Heard learned counsel for the parties. 2] By this writ petition, the petitioner has prayed for direction to respondent no. 1 to provide adequate reservation to the persons with disabilities, while filling up the post of Health Worker (Male) in pursuance of the advertisement annexed to the petition at Exhibit A. The petitioner has further prayed for direction to respondent nos.2 & 3 to look into the aspect of not providing 3% reservation by respondent no.1 to disabled persons, while filling up the notified vacancies of Health Worker (Male). 3] On 23.3.2011, this Court passed the following order: “We have perused the reply affidavit. From the reply affidavit, it is clear that 3% reservation for disabled persons, according to respondent no.1, would come to 3.62%. Learned counsel for respondent no.1 submits that so far, they have appointed only two persons from that category, which prima facie appears to be less than 3%, as contemplated by Section 33 of The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Learned counsel for respondent no.1 seeks time to take instructions to find out whether it is possible for them to advertise two more posts for the disabled persons. WP 6995/10 - 3 - We grant time as prayed.” 4] In view of the order dated 23.3.2011, respondent no.1 has filed reply affidavit dated 18.4.2011 and in paragraphs 2 & 3 thereof, has stated thus: “[2] That, considering the situation and the Government Resolution dated 14.01.2011, the Health Department of this Respondent Zilla Parishad has prepared a proposal for advertisement for two posts of eligible Locomotor disabled candidates and same is in progress. Copy of the said G.R. Dated 14.01.2011 with copy of job chart of the multipurpose health workers / Aarogyasevak and the copy of the said proposal for the purpose of advertisement letter are annexed herewith and marked as Exhibit R.1-3 colly. [3] That, the District Collector being head of the selection committee, before issuing such of advertisement, his approval is required and therefore this Respondent is forwarding th above said proposal at the earliest and / or latest within a two weeks, after appropriate procedure, to the said Collector, Aurangabad, for the said purpose. That as soon as the said District Collector, Aurangabad, intimates its approval, thereupon the said advertisement would be published and the applications received pursuant to that, would be considered on its own merits for such appointment, if such of the candidates are otherwise eligible as per the Government Resolutions, norms, etc.” WP 6995/10 - 4 - 5] It is clear from the averments made in the reply affidavit that the grievance made by the petitioner has been fairly accepted by respondent no.1 and, therefore, they have agreed to issue an advertisement for two posts for disabled candidates. 6] In the circumstances, the petition stands worked out and disposed of as such. We make it clear that if the petitioner participates in the selection process in pursuance of the advertisement, which respondent no.1 proposes to issue for filling two more posts, they shall consider his claim on merits. We hope that respondent no.1 shall complete the selection process expeditiously. With these observations, the petition is disposed of. (M.T. JOSHI, J.) (D.B. BHOSALE, J.) ndk/c204119