1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2454/2010 (Subhash Charandas Karunik & others VERSUS State of Maharashtra & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.M. Ghodeswar, counsel for the petitioners. Shri K.L. Dharmadhikari, A.G.P. for the R-1 to 3. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ. DATE : JUNE 20 , 2011 . Heard. By this petition, the petitioners impugn the order passed by the Maharashtra Administrative Tribunal on 22.01.2009 dismissing an original application filed by the petitioners challenging the advertisement issued by the respondent no.1 as, by the same, no post was earmarked for the Scheduled Caste Category Candidates. The petitioners claim to belong to the Scheduled Caste Category. One of the petitioners had not filed any application in response to the advertisement issued by the respondent no.1 for filling up 99 posts of Deputy Education Officers as no post was reserved for the Scheduled Caste Category Candidate. However, one of the petitioners applied, though by the advertisement, none of the posts was reserved for the Scheduled Caste Category Candidate. It was the case of the petitioners before the Maharashtra Administrative Tribunal that the Government ought to have reserved some posts for the Scheduled Caste Category Candidates in view of the reservation policy. 2 The respondent no.2, Maharashtra Public Service Commission, filed a reply before the Maharashtra Administrative Tribunal and stated therein that no posts could have been reserved for the Scheduled Caste Category Candidates as there were an excess of 31 employees in the Scheduled Caste Category on the posts, which were already filled in. By relying on the reply filed by the respondent no.2, Maharashtra Public Service Commission, the Maharashtra Administrative Tribunal rightly held that there was no violation of the reservation policy by the respondents as, at the relevant time, 31 employees from the Scheduled Caste Category were excess, on the relevant posts. The Maharashtra Administrative Tribunal rightly found that there was nothing wrong with the advertisement, which did not provide any reservation for the Scheduled Caste Category Candidates. The order passed by the Maharashtra Administrative Tribunal is just and proper and calls for no interference in exercise of the writ jurisdiction. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE JUDGE APTE