WP No. 7145/09 1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 7145 OF 2009 Satish s/o. Bhojiram Pawar, R/o. Chatgaon, Tq. Dharur, Dist. Beed. and others ....Petitioners. Versus The State of Maharashtra & Anr. ....Respondent. Mr. R.S. Shinde, Advocate for petitioners. Mr. V.B. Ghatge, A.G.P. for respondents. CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. DATED : 21st October, 2011. ORDER : [ PER T. V. NALAWADE, J. ] 1. The petition is filed under Articles 226 and 227 of Constitution. The petitioners have challenged the order dated 13.7.2009 passed by Maharashtra Administrative Tribunal, Mumbai, Bench at Aurangabad (M.A.T.) in Original Application No. 669/2008 and alternate relief is claimed for giving direction to the respondents to give appointments to petitioners on the posts, which were reserved for Ex-serviceman category and which are still vacant after the completion of recruitment process. One more alternate prayer is made to accommodate them in the new recruitment process published in newspaper on 22.7.2009. It is WP No. 7145/09 2 the case of the applicants that atleast two of them will be age barred for the new process. 2. Both the sides are heard. The applicants belong to vertical reservation category and they participated in the process of selection of 'Police Constable' which was started in the year 2007. The process of selection was challenged by few Ex-servicemen by contending that the reservation for the category of Ex-serviceman was not observed. The High Court cancelled and set aside the reservation process and order was made to restart the process for accommodating Ex-servicemen to the extent for which there were reserved posts for Ex-servicemen. In initial list of selection, applicants were at the bottom of the list. When the process was restarted, 13 Ex-servicemen candidates came to be selected and they also came to be appointed. The petitioners came to be deleted from the select list due to the new process. 3. It is the case of the petitioners that even after the selection of 13 Ex-servicemen candidates, 20 posts in the category of Ex-serviceman are vacant and the respondents ought to have accommodated the other selected candidates, petitioners as against these vacancies. By filing Original Application No. WP No. 7145/09 3 669/2008 such relief was claimed before the M.A.T. The M.A.T. has rejected the application by holding that the posts were reserved for Ex-servicemen category and the candidates from other vertical reservations cannot be considered for the same in the process of recruitment. The M.A.T. has advised to fill the backlog in next recruitment process. Accordingly, the next recruitment process has been started. 4. In view of these circumstances and as the applicants are requesting for giving them appointments on the posts which were reserved for Ex-servicemen candidates, such relief and direction for age relaxation cannot be given by using extraordinary writ jurisdiction. The petition is devoid of merits and it stands rejected. [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/