1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO.4652/2010 (Smt. Laxmirani S. Virak .vs. Dr. Panjabrao Deshmukh Krishi Vidyapeeth and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JUNE 23, 2011 Heard Advocate Shri B.G. Kulkarni for the petitioner, Advocate Smt. Patil for respondent no.1, Advocate Shri N.S. Khubalkar for respondent no.2 and learned AGP Shri Sonare for respondent no.3. Challenge is to appointment of one Shri Chandrashekhar Gaikwad as Assistant Librarian on the ground that said post could not have been advertised as reserved for Scheduled Caste. Contention is as the post was isolated, there could not have been any reservation at all. It is further contended that roster at that time was duly approved by the State Government which also reflected that post was in open category but that has not been followed. Attention is invited to reply affidavit filed by respondent no.2 particularly para no.3 to show that this factual position is accepted therein. Advocate Shri Kulkarni also argues that the post could not have been advertised for direct 2 recruitment and ought to have been filled in by promotion. He relies upon affidavit of respondent no.2 to urge that petitioner deserves that promotion. According to Advocate Smt. Patil, the post has been rightly advertised and filled in. She contends that Shri Chandrashekhar Gaikwad who has been appointed and working on that post is not party before this Court. It is further urged that the petitioner has been informed on 20.5.2010 that the said post was at the relevant time reserved for Scheduled Caste category as per roster and, therefore, Shri Chandrashekhar Gaikwad came to be appointed. In 2007 the roster point reservation was for open category and, therefore, the petitioner has been informed that while filling in that vacancy, advertisement will be issued and post will be filled in from open category. Respondent no.2 has supported the case of the petitioner. Respondent no.3 State Government has not filed any reply. It is apparent that post of Assistant Librarian with which we are concerned has been filled in from reserved category by appointing one Shri Chandrashekhar Gaikwad. It is also admitted position that Shri Chandrashekhar Gaikwad was earlier not employee of respondent no.1. It is, therefore, obvious that if this petition is allowed, Shri Chandrashekhar Gaikwad has to go out of employment. He is not party before this Court. In this situation, we are not in a position to appreciate the controversy on merits. It appears that Shri Chandrashekhar Gaikwad has been given 3 appointment order at least two years prior to filing of writ petition and that appointment order is not annexed with the petition. Hence petition is rejected. JUDGE JUDGE halwai