1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.2938 of 2007 [S.V. Tiwari Vs. The State of Mah. & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D.SINHA AND MRS.V.A. NAIK, JJ. DATE : 30th January,2008. Heard Mr. F.T. Mirza, learned counsel for the petitioner, Mr. Modak, learned AGP for respondent no.1 and Mr. V.V. Naik, learned counsel for respondent nos. 2 and 3. The Writ Petition is directed against the advertisement issued by the respondents inviting applications for filling up the vacancies of Gram Sevaks. Learned Counsel for the petitioner states that the petitioner is an earthquake- affected person, and as per the Government Resolution dated 9th August, 1995, the reservation for Project-affected and Earthquake- affected persons is unified. According to the said Govt. Resolution, if five posts are required to be filled in from these two categories, of the five, three should go to 2 earthquake-affected persons. It is contended that in the instant case, the respondent-Zilla Parishad selected eight persons, whose names are shown in the Select List which is annexed with the petition as Annex.F, for the purpose of considering their claims for appointment to the posts of Gram Sevak. It is submitted hat out of these eight persons, only one, namely Gore Mahadeo Vishwambhar, is the person from Earthquake-affected category. It is, therefore, contended that the respondent-Zilla Parishad has not followed the mandate of the said Govt. Resolution while filling up the vacancies from these two categories and, therefore, the right of the petitioner for being considered for selection is violated. Consequently, the Select List is bad in law. Mr. Naik, learned Counsel for the Zilla Parishad, has submitted that as per the Government policy, only one member from the family of either Project-affected or Earthquake- affected is entitled to be considered for appointment from the said category. The learned counsel submits that the petitioner has not placed anything on record in order to show that nobody from his family was ever given employment from this category. Similarly, as per the said Govt. Resolution of 1995, the persons, whose names are mentioned in the Waiting List of Earthquake-affected persons, are required to be considered in the order of their seniority in 3 the said list. However, so far as the petitioner is concerned, he has neither given his serial number mentioned in the said Waiting List, nor any document is produced on record in this regard. It is, therefore, contended that the respondents did not consider the petitioner from the said category. Considered the contentions canvassed by the respective learned counsel. In the backdrop of the afore referred facts, particularly in absence of any statement made in the petition that no other family member of the petitioner was ever given this benefit, and so also, in absence of necessary data as to whether the name of the petitioner was in the Waiting List of Earthquake-affected persons maintained by the competent authority, we are of the view that non-consideration of the candidature of the petitioner by Zilla Parishad cannot be said to be bad in law. Consequently, the Writ Petition suffers from lack of merit. It is, therefore, dismissed. Judge Judge |Hedau|