1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 416 OF 2009 Shivaji Kacheshwar Udawant ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mr. Ravindra Nirmal h/f Mr. V.D. Salunke, advocate for the petitioner Mr. K.G. Patil, A.G.P. for respondent No. 1 and 2. Mr. V.S. Bedre, advocate for respondent No.4 ..... CORAM: A.M. KHANWILKAR & S.S. SHINDE, JJ. DATED: 20TH JANUARY, 2010 PER COURT:- 1 Heard counsel for the parties. Relief claimed in this petition is founded on complete misconception inasmuch as the respondent No.4 has been appointed as Head Master of J.T.S. High School and Junior college Belapur (Bdk) since he belongs to Scheduled Caste category and the said vacancy was reserved for Scheduled Caste category. 2 During the course of argument, counsel for the petitioner submitted that respondent No.4 came to be appointed as Head Master after he succeeded in the challenge to the appointment of Shri. Nitin Dattatraya Raipelli, who was transferred from Belapur Education 2 Society to New English School, Muthewadgaon. On perusal of the order of School Tribunal dated 4.8.2006, in appeal No. 234 of 2005, instituted by respondent No.4, it is noticed that he had challenged his supersession and consequential appointment of Shri Nitin Raipelli as Head Master of J.T.S. High School and Junior College, Belapur. The Tribunal found as of fact that the post of Head Master in the said school (J.T.S. High school and Junior College, Belapur) was reserved for Scheduled Caste category and the respondent No.4 was the only eligible candidate to be appointed against the said vacancy. The decision of the Tribunal came to be confirmed by this court in writ petition No. 6588 of 2006 filed by said Nitin Raipelli as well as writ petition No. 6440 of 2006 filed by the management of Belapur Education Society vide order dated 15.12.2008. Even this court found as of fact that perusal of the model roster would indicate that Sr. No.12 was reserved for Scheduled Caste category whereas the point reserved for Special backward Class was at Sr. No. 50. It is further found that respondent No.4 alone could be appointed against the said post reserved for Scheduled Caste category since he belonged to Scheduled Caste; whereas Nitin Dattatraya Raipelli belonged to Special Backward Class. Admittedly, that conclusion reached by the High Court is not in issue before us. The argument of the petitioner, however, is that said Nitin Raipelli was appointed as Head Master against some other vacancy in different school. That contention is founded on the document at Exh.”A” at page 17, which is stated to be 3 a transfer order. The fact remains that the judicial pronouncement regarding the appointment of said Nitin Raipelli as Head Master of J.T.S. High School and Junior college of Belapur was the subject matter before the Tribunal and that opinion, as aforesaid, has been affirmed by the High court. It necessarily follows that the petitioner, who admittedly belongs to open category could not have been considered for appointment as Head Master against the said vacancy. 3 In the circumstances, the basis of challenge in the present petition being erroneous, no interference is warranted. Petition is dismissed. 4 Needless to observe that the petitioner if otherwise eligible to be considered for appointment as Head Master in some other school as per his seniority, that claim will have to be considered on its own merits. *****