FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6246 OF 2011 "Kacharabai w/o. Prabhu Gaikwad Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. N.P. Patil Jamalpurkar, Advocate for petitioner. Mr. S.D. Kaldate, AGP for respondent Nos. 1 and 2. Mr. N.S. Kadam, Advocate for respondent Nos. 3. CORAM :- B.R. GAVAI & A.V. POTDAR, JJ. DATE :- 16TH DECEMBER, 2011. PER COURT :- 1] Rule. Rule made returnable forthwith. 2] The petitioner , who has participated in the selection process of the Animal Husbandry Supervisor from the category reserved for “women”, has approached this court for a direction to appoint her on the post of Animal Husbandry Supervisor. 3] The undisputed facts, giving rise to the present petition, are as under :- . In response to the selection process 6 candidates were selected from the category of ladies, wherein, the petitioner was at Sr. No. 2 in the waiting list. The select list was published on 19th May, 2010. Undisputedly, candidates at Sr.Nos. 2 and 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6246 OF 2011 "Kacharabai w/o. Prabhu Gaikwad Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 Supriya Pawar and Swati Bamne, did not join the services and as such, two vacancies arose in the said category. The petitioner made representation for appointment on the vacant post, since she was at Sr. No.2 in the waiting list. The same was not considered by the respondents. Being aggrieved thereby, the petitioner is before this court. 4] In the reply, filed on behalf of the respondents, it is stated that appointment order cold not be issued in favour of the petitioner on account of the ban imposed by the Government, vide Govt. Resolution dated 24.11.2010 and 20.6.2011. . As per the Govt. Resolution, prescribed by the Government, the waiting list is operative for a period of 1 year from the date of publication of the select list. Admittedly, the vacancies have arisen prior to the completion of one year from the date of publication of the select list. As such, the petitioner was entitled to be appointed on the post, which became vacant, on account of two candidates not joining the services. In that view of the matter the petition deserves to be allowed. Even as per the respondents, the ban is operative till 29th June, 2012 only. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6246 OF 2011 "Kacharabai w/o. Prabhu Gaikwad Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 5] Rule is, therefore, made absolutely in the following terms :- [i] Respondent Nos. 2 and 3 are directed to appoint the petitioner on the post of Animal Husbandry Supervisor, w.e.f. 1st July, 2012. [A.V. POTDAR,J.] [B.R. GAVAI, J.] grt/-