1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 4211 OF 1997 Sunil Madhukarrao Kadam Age : 24 Yrs., Occ. Nil., R/o : Rahul Niwas, Rajesh Nagar, Taroda Naka, Nanded. .... PETITIONERS V E R S U S 1. The State of Maharashtra Through Govt. Pleader, High Court, Bench at Aurangabad. 2. Secretary, Nanded Education Society, Nanded. 3. Principal Science College, Sneh Nagar, Nanded. 4. Dy.Director of Education Near Deogiri College, Railway Station Road, Aurangabad. 5. Shri. S.S. Potdar Age : Major, Science College, Shri Nagar, Nanded. .... RESPONDENTS Mr. A.S.Golegaonkar, Advocate for petitioner. Mr. K.B.Choudhari, Additional Govt. Pleader for State. Mr. M.D.Narwadkar, Advocate holding for Mr. S.V.Kurundkar, Advocate for respondent nos. 2 to 4. 2 Mr. Sarang P. Joshi, Advocate holding for Mr. A.S.Deshmukh, Advocate for respondent no. 5. CORAM : B.R. GAVAI AND S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 21/6/2010 ORAL JUDGMENT : [ PER - B.R. GAVAI, J. ] 1. By way of present petition, the petitioner challenges the action on behalf of respondent/management, thereby cancelling the earlier advertisement dated 17/6/1997, which provided the post of Geology to be reserved for Scheduled Caste / Scheduled Tribe. 2. Mr. A.S.Golegaonkar, the learned counsel for the petitioner submits that the record shows that since 1993-94, the post in Geology is shown as reserved for Scheduled Caste / Scheduled Tribe and in the year 1997, though the post was initially advertised for Scheduled Caste / Scheduled Tribe. , the advertisement has been illegally cancelled only to accommodate respondent no. 5. 3. In the reply filed on behalf of the respondent, it is mentioned that the post at Sr. No. 42 was wrongly shown as reserved, whereas as per the Roster it was meant for open category candidate. A copy of the Roster duly signed by the competent authority i.e. Assistant Commissioner of Aurangabad Division has been placed on record. Nothing has been placed by the petitioner on record to counter this. 3 4. In that view of the matter, since according to the roster point, the appointment of respondent no. 5 was against a post for open category, we do not find any reason to interfere. The petition is, therefore, dismissed. Rule is discharged. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/WP 4211.97