1 ASWP-6408-2010 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6408 OF 2010 Mr.Narayan Amit Chaudhary ...Petitioner Versus The State of Maharashtra and ors. ...Respondents Mr.A.M.Joshi for petitioner. Ms.S.S.Bhende, AGP for respondent nos.1 to 3. Mr.Kiran Bapat i/b. Desai & Desai Associates for respondent no.4. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. September 2, 2011. P.C. 1. The petitioner impugns the appointment of the respondent no.5 to the post of Documentation Officer and admittedly the appointment is made against a post reserved for Scheduled Tribe to which the respondent no.5 belongs. 2 ASWP-6408-2010 2. The Officiating Registrar of Respondent no.4 – a deemed University has filed the affidavit in reply and opposed the petition pointing out that the very same grievance is being sought to be reagitated by the petitioner in this fourth petition during the last about eight years. It has been pointed out that in October 2000 the post was filled through a candidate belonging to the scheduled caste and the petitioner filed Writ Petition No.140 of 2003. The same was decided on 17/3/2003 and in para 18 of the order this Court stated, “18. It is well-established principle of Law that the post which fell vacant prior to Amended Rules would be governed by the Old rules and not by New Rules. This submission of the Petition is based on the Judgment of Apex Court reported in AIR 1983 SC 852 and the judgment of this Hon’ble Court reported in 2004 (4) Mh.L.J. 689.” The issue of reservation was argued at length and ultimately the petition was rejected on 17/7/2003. 3 ASWP-6408-2010 3. The petitioner approached in the second round in Writ Petition No. 7102 of 2007 and in para 17 of the said petition memo the petitioner’s grievance was stated as under: “17. The Petitioner’s grievance only is that the Respondent No.1 has not sent the proposal to the Respondent No.2 and 3. It is, therefore, only for the limited purpose, that the Respondent No.1 should be directed to send the proposal for de-reservation of the post of Documentation Officer to Respondent No.2 and 3 and that the Respondent No.2 and 3 may be further directed to take the decision, thereupon in the light of the Government Resolution of 29th September 1986. Hence the Petition is approaching this Hon’ble Court for relief, under Article 226 of the Constitution of India 1950 by this Petition.” When this petition came up for hearing, the petitioner sought liberty to withdraw the petition and it was allowed to be withdrawn. 4. In the third round the petitioner filed Writ Petition No.600 of 2008 4 ASWP-6408-2010 and prayed that the post of Documentation Officer be declared as de- reserved as a result of the Government Resolution dated 25/9/1986. This petition was also allowed to be withdrawn and disposed as such. 5. In their fourth round the petitioner tried to point out that he had approached the Grievance Committee and on 28/7/2009 the Grievance Committee informed the petitioner that it would not be possible for it to consider his representation. 6. At the first instance Writ Petition No.600 of 2008 was sought to be withdrawn unconditionally and, therefore, there was no reason for the petitioner to file this fresh petition and only because of the communication he received from the Grievance Committee. 7. Even otherwise the petitioner’s contention that the appointment of the respondent no.5 be declared as contrary to the Government Resolution dated 29th September 1986 is totally unsustainable. If a particular post was reserved for the scheduled caste candidate and if such a candidate was not available, the reservation could be changed in favour of the scheduled tribe candidate and as noted earlier the respondent no.5 belongs 5 ASWP-6408-2010 to the scheduled tribe. There was no occasion for the respondent no.4 to submit a proposal for de-reservation of the post of Documentation Officer so long as the scheduled tribe candidate was available. 8. Hence this petition must fail at the threshold and the same is hereby rejected summarily. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)