3011wp3916.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3916 of 2009 (Vinod R. Rathod and anr. vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and F. M. Reis, JJ. Date : 30/11/2009. Heard Mr. S. T. Harkare, Adv. for petitioners and Mr.P.D.Kothari, Assistant Government Pleader for respondent nos. 1 to 3. In the instant petition, the grievance of petitioners is that though the petitioners belong to hilly area, however, the claim of petitioners for admission to D.T.Ed. course for the Academic Session 2009-10 was not considered from the reserved category meant for candidates from hilly areas. It is contended that the petitioners are from village Hanwatkheda, Tq. Pusad, District Yavatmal, which is a hilly area. It is further contended that the education facility so far as this village is concerned is available only upto 4th Std. and therefore, petitioners took education upto 4th 3011wp3916.09.odt 2 . Std. in the said village and since further education facility is not available there, therefore, the petitioners had to shift to some other place for further education and petitioner no.1 did 12 Std. from Dahoda, Tq. Ramtek, District Nagpur and petitioner no.2 did his 12th Std. from Chincholi, Tq. Rajura, District Chandrapur. It is further contended that even though petitioners did their 12th Std. from the place other than village Hanwatkheda, they do not cease to be candidates from hilly area in view of the law laid down by this Court in the decisions rendered in the case of Anil .vs. State of Maharashtra (Writ Petition No.4703 of 2005) decided on 23rd September, 2005. It is, therefore, contended that direction be given to the respondents to consider the claim of petitioners from the reserved category meant for candidates from hilly area. The Assistant Government Pleader does not dispute the factual and legal aspect of the matter and states that, in view of the law laid down by this Court (cited supra), the claim of petitioners shall be considered from the hilly area category for the said course for the Academic Session 2009-10 as per merits and in accordance with law and procedure applicable in this regard. In the backdrop of the above referred facts and in view of statement made by the Assistant Government Pleader, no further action in the petition is necessary. Hence, the petition is 3011wp3916.09.odt 3 . disposed of accordingly. Copy of this order duly authenticated be supplied to the Counsel for respective parties. JUDGE JUDGE jais