1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 7353 OF 2010 ( Pradeed Mule Vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. V.A. Bagale-Patil, Advocate for petitioner. Mr.K.G. Patil, AGP for respondent Nos. 1 & 3. Mr. A.R. Nikam, Advocate for respondent No. 2. Mr. V.V. Bhavthankar, Advocate for respondent Nos. 4 and 5. CORAM : B.R. GAVAI AND A.A.SAYED, JJ. DATED :1st October, 2010. PER COURT : 1. By way of present petition, the petitioner seeks a writ against the respondents for calling him at interview for the post of Shikshan Sevak. 2. Mr. Bagal-Patil, learned counsel for the petitioner submits that since in the Government Resolution the minimum qualifying marks for the candidates for open category are fixed at 50% and since the petitioner had obtained 134 marks, the respondents were duty bound to call him for interview. 3. Mr. Nikam, learned counsel appearing for respondent No. 2, on the contrary, submits that merit list was prepared in accordance with the marks obtained by the successful 2 candidates. It is submitted that upon considering the merit list a cut-off in so far as general candidates are concerned, was fixed at 146 marks. It is stated that the petitioner has secured 134 marks, therefore, his name was not put in the merit list. 4. If the number of candidates, competing the examination, are more, it is always permissible for the employer to fix a cut- off at the higher percentage. No error could be found with the policy adopted by the respondent No. 2. The writ petition is, therefore, dismissed. [ A. A. SAYED ] [ B. R. GAVAI ] Judge Judge ssc/wp7353.10