WP No. 910/09 1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 910 OF 2009 Kashinath s/o. Shahuraj Pawar, R/o. Kanhegaon, Tq. Lohara, Dist. Osmanabad. ....Petitioner. Versus The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai - 32 & Ors. ....Respondents. Mr. M.P. Tripathi, Advocate for petitioner. Mr. K.G. Patil, A.G.P. for respondent Nos. 1 and 2. Mr. S.S. Dixit h/f. Mr. A.N. Nagargoje, Advocate for respondent Nos. 4 & 5. CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. DATED : 5th September, 2011. ORAL ORDER : 1. Heard. 2. The petitioner had applied against the post reserved for Scheduled Caste category. According to the petitioner, he was appointed on the post of Assistant Teacher on year to year basis and thereafter, Management continued the petitioner. As the proposal for approval of the services of the petitioner was not granted by the Education Officer, the petitioner filed Writ Petition No. 4669/2008. Consequent to the order passed by this Court, the Education Officer rejected the request of granting approval to the services of the petitioner. WP No. 910/09 2 3. The learned counsel for the petitioner submits that the petitioner is in service since 2001 and the management has now appointed candidates belonging to Scheduled Tribe category. In the light of this, the learned counsel for the petitioner seeks direction to the State Government to grant approval to the appointment of the petitioner on the said post. 4. Learned A.G.P. Shri. K. G. Patil submits that there is inherent deficiency in respect of appointment of the petitioner to the post which was reserved for Scheduled Tribe. Till the said post is de-reserved by following appropriate procedure, the petitioner could not claim any right to the said post. In case, the management had continued the petitioner on the said post, it would be for the management to bear the burden. 5. We find that the petitioner was appointed on the reserved seat for Scheduled Tribe. Even if the management appointed a candidate now, belonging to Scheduled Tribe, the petitioner could not claim any right that his service from the year 2001 should be approved. There is no merit in the petition. The petition stands dismissed. [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/wp910.09