1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.958 OF 2008 (Ashok s/o Tanbaji Chaware vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : MARCH 4, 2008 Heard Shri Sonwane, learned Counsel for the petitioner, and Mrs. Bodade, learned Assistant Government Pleader for the respondents. The petition is directed against the order dated 5.9.2007 passed by the Maharashtra Administrative Tribunal whereby original application filed by the petitioner came to be dismissed. We have considered the contentions of the learned Counsel for the parties. The following facts are not in dispute : The respondents forwarded 2 requisition to the Regional Selection Board for the purpose of sending suitable candidate for the post of Stenographer (Higher Grade). However, Regional Selection Board did not provide suitable candidate for the said post. Therefore, respondents have adopted procedure laid down in Circular dated 26.3.1992 issued by the Director General of Police. It is also not in dispute that as per procedure stipulated in the said Circular, eligible candidate for the said post must be from the cadre of Junior Clerks and not from the cadre of Wireless Operators. It is also not in dispute that petitioner belongs to the cadre of Wireless Operators and, therefore, the Tribunal has held that the petitioner is not eligible as per said Circular dated 26.3.1992 to be considered for the post of Stenographer (Higher Grade) whereas Mr. V.V. Khisti, who belongs to cadre of Junior Clerks and was otherwise eligible, was selected and appointed on the said post. Though the learned Counsel for the petitioner tried to canvass that the said post was reserved for a candidate belonging to reserved category, however, 3 since Circular dated 26.3.1992 is not applicable in the case of the petitioner, for the reasons stated hereinabove, it is difficult for us to appreciate this contention. The petition suffers from lack of merit and hence, the same is dismissed. JUDGE JUDGE khj