1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. REVIEW APPLICATION NO.119 OF 2010 IN WRIT PETITION NO.1365 OF 2009. Machindra S/o Asaram Khawale and another ... Applicants. Versus The State of Maharashtra and others ... Respondents. ... Mr.S.G.Chapalgaonkar, advocate for the applicants. Mr.Rajendra Deshmukh, advocate for the Respondents. ... WITH REVIEW APPLICATION NO.109 OF 2010. The State of Maharashtra ... Applicant. Versus Vilas S/o Ramrao Potdar and others ... Respondents. ... 2 Mr.S.B.Talekar, Special counsel for the applicant. Mr.R.S.Deshmukh, advocate for the Respondents. ... CORAM : B.R.GAVAI AND : S.V.GANGAPURWALA,JJ. Date : 21.07.2010. ORAL ORDER (Per B.R.Gavai,J.) 1. Review Application No.109/2010 has been filed by the State of Maharashtra, whereas Review Application No.119/2010 is filed by the persons who claim to be affected by the judgment and order passed by the learned Maharashtra Administrative Tribunal, which was challenged by the State in W.P.No.1365/2009. 2. Heard Mr.Talekar and Mr.Chapalgaonkar, learned counsel appearing on behalf of the Review Applicants and Mr.Deshmukh, learned counsel who appears for the Respondents (Original Applicants) in Maharashtra Administrative Tribunal. 3. W.P.No.1305/2009, the State has 3 challenged the order dated 30.3.2007, passed by the learned Maharashtra Administrative Tribunal, thereby allowing the application filed by the applicants. The applicants therein had sought a direction to consider themselves for promotion in view of Rule 3(a)(ii) of the Recruitment Rules. The applications were allowed and the Government was directed to consider them in the said category. Vide the order under Review, we had refused to entertain the Writ Petition. 4. Perusal of the concerned Rules would reveal that there are three channels for the appointment to the post of Junior Engineer. The first channel is for 85% seats to be filled by nomination from the candidates who have passed three years diploma in Civil Engineering or the similar recognised qualification. Second channel is for 10% posts to be filled by promotion of the candidates who are working as Civil Engineering Assistants and have completed three years continuous service and who have passed qualifying examination conducted by the College of Engineering, Nasik. The third channel is for 4 filling of 5% posts for the candidates who are working as Civil Engineering Assistants and who had obtained Diploma in Civil Engineering in part time or distance learning course. 5. Admittedly, original applicants before Maharashtra Administrative Tribunal were possessing diploma in Civil Engineering on the date on which they entered into cadre of Civil Engineering Assistants, whereas the applicants in the Review Application No.119/2010, rest their claim on the basis of the diploma they are undergoing by distance learning course. Perusal of the third category would clearly reveal that it is available only to Civil Engineering Assistants who have obtained diploma in Civil Engineering either in a part time or distance learning course. Only such candidates would be entitled to be promoted from the said category. In that view of the matter, we find that an error apparent on the face of record has occurred in the present matter. We are, therefore, inclined to allow the Review Applications. The order dated 19.3.2009, is recalled. The petition is 5 directed to be placed before the appropriate Bench for admission. Needless to state that the status quo which is granted by this Court shall be continued for four (4) weeks. (S.V.GANGAPURWALA,J.) (B.R.GAVAI,J.) asp/office/Rev11910