(1) wp2299-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2299 OF 2011 Manik Gangaram Girgaonkar PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ..... Mr. Abay R. Rathod, advocate for the Petitioner. Mr. K.M. Suryawanshi, A.G.P. for the Respondent-State. Mr. M.V. Deshpande, advocate for the respondent No. 2. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 6th SEPTEMBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith and heard finally by consent. 2. By way of present petition, the petitioner challenges the selection of respondent No. 3 on the post of Junior Engineer in a seat reserved for Scheduled Caste candidate. 3. In an advertisement published on 11th February, 2011, the respondent No. 2 - Municipal Corporation had advertised various posts including the posts of Junior Engineer. Out of total 25 posts (2) wp2299-11 of Junior Engineer advertised, two posts were reserved for the candidates belonging to Scheduled Caste, out of which one was reserved for Scheduled Caste woman. Admittedly, no candidate belonging to Scheduled Caste Woman category has applied for the said post. 4. In the written examination, the present petitioner was placed at serial No. 1 in the merit list, having secured 40.50 marks and one Suryawanshi Kiran Namdeorao was placed at serial No. 2, having secured the same number of marks. In the oral interview, said Suryawanshi Kiran secured 8.35 marks whereas the petitioner secured 7.30 marks. As such, said Suryawanshi Kiran was placed at serial No. 1 whereas the petitioner was placed at serial No. 2. It can be seen that in the lists of the candidates from the category of Scheduled Caste, appearing for the written examination and oral interview, the name of the respondent No. 3, namely, Sachin Vithalrao Bankar, is not appearing at all. Surprisingly, in the final select list, the name of respondent No. 3 appeared at serial No. 1 in the category of Scheduled (3) wp2299-11 Caste. In the memo of petition, a specific averment has been made by the petitioner that the respondent No. 3 has not applied for the post reserved for the candidate belonging to Scheduled Caste category. The said assertion is not denied by the respondent Nos. 2 and 3 though duly served. In that view of the matter, the said assertion will have to be deemed to be admitted. Thus, when the respondent No. 3 had not applied from the category of Scheduled Caste, his selection in the final select list is not at all sustainable from the said category. 5. As already stated hereinabove, the candidate belonging to Scheduled Caste Woman category did not apply for the said post. In that view of the matter, in the category of Scheduled Caste, Shri Suryawanshi Kiran Namdeorao would be at serial No. 1 in the final select list whereas the petitioner would be at serial No. 2. Since there are two posts available, the petitioner would be entitled for the said post meant for the candidate belonging to Scheduled Caste. 6. In that view of the matter, the respondent (4) wp2299-11 No. 2 is directed to appoint the petitioner on the post of Junior Engineer (Civil), treating him as selected at serial No. 2 in the final select list from the category of Scheduled Caste, by cancelling the selection of the respondent No. 3. Rule is made absolute in above terms. 7. In view of disposal of the Writ Petition, Civil Application No. 4201/2011 does not survive and hence, stands disposed of accordingly. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp2299-11