1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A. NO. 5952/08 IN LPA ST. NO. 8808 OF 2007 Mohan D. Bidwaik .vs. President, Anglo Vernacular Education Society & others ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. Mr. Abhay Sambre, Advocate for appellant. CORAM: D.K. DESHMUKH & PRASANNA B. VARALE, JJ. DATED: NOVEMBER 20, 2008. Heard the learned Counsel for the applicant. The respondents have been served. None appears for the respondents. In the absence of reply, accepting averments made in the application at page 3, application is granted in terms of the prayer clause. LETTERS PATENT APPEAL ST. NO. 8808 OF 2008 : The appeal is not on board. By consent of the learned Counsel for the appellant, heard. Perusal of the record shows that the post against which the petitioner was appointed was reserved for Scheduled Tribe/VJNT. The petitioner admittedly does not belong to this category. Therefore, though the management appointed the petitioner on permanent basis, the management had no power to make appointment on permanent basis because the vacancy was earmarked for some other category. The management has power to make 2 permanent appointment only against the clear vacancy. Considering this factual position, in our opinion, no fault can be found with the order of the learned Single Judge. The appeal has no merit. It is rejected. JUDGE JUDGE. J.