FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6916 OF 2011 " Sanjay s/o. Natthu Maghade Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. Manish P. Tripathi, Advocate for petitioner. Mr. V.D. Rakh, AGP for respondent Nos. 1 and 2. Mr. V.R. Sonwalkar, Advocate for respondent No.3. CORAM :- B.R. GAVAI & M.T. JOSHI, JJ. DATE :- 22ND NOVEMBER, 2011. PER COURT :- 1] Rule. Rule made returnable forthwith. Heard by consent finally. 2] By way of present petition, the petitioner has prayed for a direction to the respondents to appoint the petitioner on the post of Gram Sevak from Scheduled tribe category. 3] In the selection process conducted by the rspondents in the year 2009, a select list was published on 27th July, 2009. IN the said list, one Shri Nitin Ramesh Gavit was posted at Sr.No.5 as being selected on proposed vacancy No.1. The petitioner was placed at Sr.No.6 for the proposed vacancy No.2 from S.T. Category. Since the petitioner has not received the appointment order, the petitioner has approached this court. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6916 OF 2011 " Sanjay s/o. Natthu Maghade Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 4] Shri Sonwalkar, learned counsel appearing on behalf of the respondent Zilla Parishad submits that in view of the Government Circular dated 17.3.2007, the petitioner is not entitled to be appointed, if any additional post has been created, after completion of the selection process. 5] For deciding the present petition, it will be relevant to note certain dates. The select list was published on 17th July, 2009. Said Shri Nitin Ramesh Gawit came to be appointed on 9.11.2009, who resigned from served on 20.6.2010 and whose resignation was accepted and was relieved on 1.7.2010. It can thus clearly be seen that a vacancy arose with the respondent Zilla Parishad on 1.7.2010, i.e. within a period of one year from the date of publication of the select list. 6] The Government Resolution dated 27.6.2008 and especially clause (7) thereof, clearly provides that once a select list is published, the same shall be valid for a period of one year or till the date up to which vacant posts are taken into consideration at the time of preparation of select list and further provides that latter of these two dates, has to be taken into consideration. In that view of the matter, the reliance placed by FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6916 OF 2011 " Sanjay s/o. Natthu Maghade Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 the learned counsel for the respondent on the so called circular dt. 17.3.2007, would not be of any assistance to the case of the respondents. In any case, the Govt. Resolution issued by State Government would have more binding force/weightage than an administrative circular. It has further to be noted that Govt. Resolution is dated 27.6.2008 i.e. after the date of issuance of the circular, which was issued on 17.3.2007. 7] Since, admittedly, there arose a vacancy within one year from the date of publication of the select list, the petitioner was entitled to be appointed against a post reserved for ST category. In that view of the matter, we direct the respondents to immediately appoint the petitioner as Gram Sevak, from S.T. Category. The same shall be done within 4 weeks from today. Rule made absolute in above terms. [M.T. JOSHI,J.] [B.R. GAVAI, J.] grt/-