1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION W.P. NO. 1723 OF 2000 Sudhir Ramchandra Shinde ] adult, Occ: Service, ] Residing at Solgi Nagar, Near ] Balaji Society, Kumtha Naka, ] Solapur-413 003 ]..Petitioner Vs. 1. Deputy Director of Ayurved, ] having his office at New ] Administrative Building, ] Pune. ] 2. The State of Maharashtra ] 3. Secretary, Seth Sakharam ] Nemchand Jain, ] Aushadalaya and ] Rugnalaya Trust, Solapur ] 4. Principal, Seth Govindji ] Ravji Ayurved College, ] Solapur. ] 5. Mohandas Laxminarayan ] Chilka, Adult, Occ:Service ] as X-Ray Technician in ] Seth Govindji Ravji ] Ayurved College Solapur ]..Respondents .... Mr. S.G.Kudle Adv. for Petitioner Mr.S.R.Nargolkar AGP for Respondent Nos.1 and 2 Mr. Niranjan Shimpi for Respondent Nos.3 and 4 Mr.M.R.Deshpande for Respondent No.5 .... 2 CORAM : BILAL NAZKI AND SMT.V.K.TAHILRAMANI,JJ. DATE : JUNE 09, 2009 ORAL JUDGMENT: 1. This writ petition has been filed by the Petitioner challenging the appointment of Respondent no.5 in response to advertisement dated 17.10.1999. Respondent no.5 has been appointed as an X-Ray Technician in Respondent Nos.3 and 4. It is submitted by the counsel for the petitioner that prior to this advertisement an advertisement dated 28.5.1998 was issued seeking applications for filling up of the post of X-Ray Technician. The post was reserved for Scheduled Caste candidate. The Petitioner was eligible and belongs to the category for which the post was reserved and he was also selected but when the matter was referred to Respondent no.1 for approval, he simply asked for re-advertisement because he wanted Respondent no.5 to be appointed who did not belong to reserved category. Thereafter, a fresh advertisement was issued and the condition that the post has to be filled up from the reserved category, was done away and the Respondent no.5 was appointed who belongs to open merit category. Counters have been filed. We have gone through the record and heard the learned counsel for the parties. It is true that though some personal allegations have been made against Respondent no.1, Respondent no.1 has chosen not to file any reply 3 affidavit but that would not in any way, help the Petitioner because even in the first advertisement, the Petitioner was not eligible to be appointed. The Respondent no.1 while rejecting the proposal for approving the appointment of the Petitioner on 14th June, 1999, recorded that the Petitioner could not have been appointed because he was neither the science graduate nor had passed his XIIth in Physics, Chemistry and Biology which was the requirement under the advertisement. This is not disputed by the learned counsel for the Petitioner that the Petitioner was not science graduate and he had also not passed XIIth with the subjects of Physics, Chemistry and Biology with vocational training. But he relies on Recruitment Rules and these Rules do not prescribe that for the post of X-Ray Technician, he should have qualification of XIIth in science with the subjects with vocational training or graduation in science. The learned A.G.P. Submitted that these Rules apply only to the employees of Director and not to Respondent nos.3 and 4 and Respondent nos.3 and 4 while issuing the advertisement, had made clear that the candidates applying for the post, should have XIIth passed in science subjects. Therefore, the petitioner was not eligible at all to be appointed even according to the advertisement, therefore, non-approval of his appointment cannot be faulted. 2. Now coming to the second contention that the reserved post could not be de- reserved in view of the judgment of the Supreme Court. The counter affidavit maintained that it was a mistake that this post was reserved as it was an isolated post. As only a single post of X-Ray Technician was available with 4 Respondent nos.3 and 4 which is a public trust as such, it could not have been reserved. We find no difficulty in accepting this contention and therefore, we do not find any merit in the writ petition and it is accordingly, dismissed. [ BILAL NAZKI,J. ] [ SMT.V.K.TAHILRAMANI,J.]