1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5078 OF 2010 Ahmed Tanvir Fatema Ahmed Sharif .. Petitioner Versus 1. The State of Maharashtra and others .. Respondents Shri D. P. Palodkar, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for Respondent No. 1. Shri A. R. Nikam, Advocate for the Respondent No. 2. Shri S. S. Tope, Advocate for the Respondent No. 5. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 29TH JUNE, 2010. PER COURT : . This is a petition under Article 226 of the Constitution of India by which the petitioner prays for issuance of a writ of mandamus directing the respondents to immediately allot establishment Nos. 513 or 512 or 511 or 521 or 522 to the petitioner as per the choice indicated by the petitioner instead of allotting her establishment No. 153 which is in Thane District. 2 2. The petitioner claims to have filed an application for Central Entrance Test relating to the appointment of Shikshan Sevak and accordingly, the petitioner had secured 127 marks. The petitioner is from urdu medium and as per the Government Resolution dated 06th August, 2001, the petitioner has been placed in open category. The petitioner claims that certain pesons below the petitioner in merit i. e. those who have obtained 121, 125 or 126 marks have been given establishment code of Zilla Parishad, Aurangabad. The establishment code for the Zilla Parishad, Aurangabad is 511. Mr. Nikam, learned counsel for the respondent No. 2 has made available to us a brocher containing the information as regards to number of posts available in each of the Zilla Parishad, Municipal Councils, Corporations, etc. In so far as the number of posts available under the establishment code 511 i. e. Zilla Parishad, Aurangabad is concerned, the brocher indicates that in all 46 posts were available out of which for open category 10 posts of female have been reserved. 3. Mr. Nikam has also made available to us the merit list which indicates that 10 posts which were from urdu medium open category and which are reserved for female, 10 candidates 3 have been allotted the establishment code for Zilla Parishad, Aurangabad as they stand higher in order of mirit than the petitioner. The first candidate has secured 160 marks, while the 10th candidate has secured 137 marks. The list deal with the selection in respect of other reserved vacancies to which it is necessary to divert. 4. Mr. Nikam, learned counsel for the respondent No. 2 has further urged that while allotting the establishment code, as per the Rules, merit is first consideration while reservation is the second and choice of the establishment is third. Mr. Palodkar, learned counsel for the petitioner has urged before us that, other candidates have been allotted the establishment code for Aurangabad Zilla Parishad, who are lower in order of merit than the petitioner in urdu medium open category. It has been pointed out to us by the learned counsel for the respondent No. 2 that the selection has been made on the total number of vacancies available as well as anticipated vacancies till the end of May 2011. Those candidates who have been allotted establishment code from urdu medium open category and who are lower in the order of merit than the petitioner are wait listed candidates would be selected as and when vacancy arise. The 4 petitioner who had secured 127 marks has been allotted establishment code of Thane district. 5. Upon perusal of the aforesaid documents, we have satisfied that there is no error in the respondent allotting establishment code of Thane District to the petitioner. We have accepted the statement made by Mr Nikam, learned counsel for the respondent No. 2 as an undertaking to the Court that, no candidate below the petitioner in the order of merit from urdu medium open category, has been allotted the establishment code for Zilla Parishad, Aurangabad. 6. In that light of the matter, therefore, this petition is summarily dismissed with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/June 10