1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5011 OF 1998 Dattatray Shivram Patil .. Petitioner. -versus Secretary, Educational and Social Society .. Respondent Ms Deepali Patil i/b Shri R.S. Apte, for Petitioner Mr. Sachin Raje, i/b S.S. Pakale, adv for the defendant Nos l & 2. Mr S.D. Rayrikar for respondent No.4 Mr A.P. Vanarase, AGP for respondent Nos 3 & 5. CORAM: ANOOP V. MOHTA, J. DATED: 1st April, 2010 P.C. 1. Called out from the final hearing board. 2. The petitioner has challenged the impugned order dated 30.4.1998 passed by the Presiding Officer, School Tribunal, Kolhapur Region, Kolhapur, whereby the appeal was dismissed. 3. There is a clear finding given, based upon the material available on record that the post upon which the petitioner appointed was reserved post for OBC candidate and therefore, he was appointed for a specific period on the temporary basis. The petitioner who accepted the service knowing fully the nature of the 2 contract and the post just cannot claim permanency on the post specifically; when the other qualified OBC candidate for whom the post was reserved; was available later on. Maharashtra Employees of Private Schools (Conditions of Services) Rules, l981, itself provides that in case of vacancy on reserved post, the other person can be appointed only on temporary basis. In the present case, the petitioner has accepted the said post with above specific situation in my view cannot claim permanency. There is nothing proved contrary that the post was not reserved; and/or there was clear permanent vacancy, therefore, he was appointed on probation on the alleged vacant post. 4. The reasoning so given while dismissing the appeal in view of the above in my view is justifiable. There is no perversity or illegality. The impugned order is well within the framework of service conditions and the record. The petition is dismissed. Rule discharged. No costs. ( ANOOP V. MOHTA, J.)