1 W.P. 2496/1998 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2496 OF 1998 Sunil Mahadeo Ghatge .. PETITIONER VERSUS The State of Maharashtra & others ... RESPONDENTS Mr. Awati, Advocate holding for Mr. S.B.Talekar, Advocate for petitioner. Mr. K.G.Patil , Assistant Govt. Pleader for State. Mr. R.J.Godbole, Advocate for respondent no. 6. .......................................... CORAM : B.R.GAVAI & S.V.GANGAPURWALA, JJ. DATE : 12/07/2010 ORAL ORDER : 1. The petitioner has filed the present petition seeking direction to the respondent nos. 2 to 4 to grant approval to the appointment as Peon in the respondent no. 5 – school. 2. From the affidavit in reply filed on behalf of Education Officer (Secondary), it can be seen that the post on which the petitioner was appointed was required to be filled by the candidate belonging to Scheduled Tribe category. Having not done so, the Education Officer refused to grant approval to the appointment of the petitioner. 2 W.P. 2496/1998 3. In that view of the matter, the relief claimed can not be granted. 4. Mr. Godbole, the learned counsel for respondent no. 6 submits that a candidate belonging to Scheduled Tribe category is appointed on the post on which the petitioner was working. His service are also approved. 5. In that view of the matter, the petition is dismissed. Rule is discharged. However, there shall be no order as to costs. [ S.V. GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 2496.1998