: 1 : wp.5067.2010 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5067 OF 2010 Shri Vijay Chandru Dhas .. Petitioner V/s. The State of Maharashtra & Ors. .. Respondents Mr.Narendra Bandiwadekar for the Petitioner Mr.Prashant Bhavake for the Respondent Nos.3 & 4 CORAM: A.M. KHANWILKAR & MRS.MRIDULA BHATKAR, JJ. DATED: 26TH APRIL, 2011 P.C. 1. Heard learned Counsel for the parties. 2. Rule. Rule returnable forthwith by consent. The learned AGP waives notice for Respondent Nos.1 and 2 and Mr.Bhavake waives notice for Respondent Nos.3 & 4. 3. As short question is involved, the petition is taken up for final disposal forthwith. 4. The grievance in this petition is that although the petitioner was : 2 : wp.5067.2010 appointed against the open category, the appropriate authority has not given approval to his appointment on the ground that there is still backlog of ST category. The Petitioner is relying on an unreported decision of the Division Bench of our High Court in the case of Machchindranath Gopal Thorat vs. The State of Maharashtra & Ors. in Writ Petition No.9239 of 2009 and companion cases dated November 13, 2009, as corrected by order dated 20.11.2009. According to the petitioner, the principal stated in this decision applies on all force to the case of the petitioner. The fact that the petitioner was appointed against an open category is not in dispute. In that view of the matter, applying the reason recorded in the aforementioned case that if the appointment was against open category that cannot be held back merely on the ground that seats meant for reserved category quota are not filled in. The Court went on to observe that the appointment of the teacher is necessitated for the benefit of the students and, therefore, such pedantic approach ought not to have taken by the authorities. Indeed, the appointment will have to adhere to the norms regarding quota whose market earmarked for the concerned categories. It is not in dispute that if the appointment of the petitioner to the post of Shikshan Sevak in open category is to be approved it would not breach the reservation quota of 52% which was prevalent at the relevant time. : 3 : wp.5067.2010 5. In the circumstances, this petition succeeds and Rule is made absolute in terms of prayer clause (b). (MRS.MRIDULA BHATKAR, J.) (A.M. KHANWILKAR, J.)