( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6494 OF 2010 Balasaheb Shridharrao Gitte .. Petitioner Age. 31 years, Occ. Service, R/o. Parli (V), Tq. Parli (V), Dist. Beed. Versus 1. The State of Maharashtra .. Respondents Through Secretary, Education Department, Mantralaya, Mumbai – 32. 2. Education Officer (Secondary) Zilla Parishad, Beed. 3. Shri Jagmitra Naga Education Society, Jalalpur, Tq. Parli (V), Dist. Beed. Through its President/Secretary. 4. Head Master, Shri Jagmitra Naga Vidyamandir, Jalalpur, Tq. Parli (V), Dist. Beed. Mr. S.V. Mundhe, Advocate for the petitioner. Mr. K.G. Patil, A.G.P. for respondent Nos. 1 & 2. Mr. A.V. Rakh, Advocate for respondent Nos. 3 and 4. CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATED : 04.10.2010 ORAL JUDGMENT [PER : B.R. GAVAI,J.] :- 1. Rule. Rule made returnable forthwith. Heard by consent. ( 2 ) 2. By way of present petition, the petitioner challenges the communication dated 14th June, 2010, issued by respondent No.2. 3. By impugned communication, respondent No.2 has directed that if trained candidate from S.T. category is not available, the management should appoint untrained teacher from said category. 4. The petitioner belongs to N.T.-3 category. It is not in dispute that even as per policy of the State Government, if candidate from one reserved category is not available, the post can be provisionally filled up by appointing candidate from other reserved category for the said academic year and in the next academic year the management is required to re-advertise the post for filing up candidate from the category for which the post is reserved. 5. Learned Counsel for respondent Nos. 3 and 4 makes a statement that, for the next year the post will be again advertised for S.T. category. ( 3 ) 6. We further find that the impugned communication which requires an untrained teacher to be appointed is contrary to the Government policy, which permits trained candidate from other reserved category to be appointed provisionally. 7. In that view of the matter, rule is made absolute in terms of prayer clause (B). Respondent No.2 is directed to grant provisional approval the petitioner for the present academic year only. Needless to mention that respondent Nos. 3 and 4 would again advertise the post for next academic year for the post reserved for S.T. category. 8. Rule made accordingly absolute. The petition is disposed of with no order as to costs. [A.A. SAYED,J.] [B.R. GAVAI,J.] snk/2010/OCT10/wp6494.10