1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8763/2010 Akash Gangadhar Jadhav .. PETITIONER VERSUS The State of Maharashtra & ors .. RESPONDENTS ....... Shri R.S.Deshmukh,Advocate for petitioner Shri N.B.Khandare,A.G.P. for respondents No.1 to 3,5 & 6. Shri A.R.Nikam,Adv.for R.2. Smt.Netrali Jain,Adv.for Respondent Zilla Parishad. Shri Dambe,Adv.for R.7. ......... CORAM : B.R.GAVAI & A.A.SAYED,JJ. DATE : 26/10/2010 ......... PER COURT : 1] Rule. Rule made returnable forthwith. By consent, Petition is heard finally. 2] By way of present petition, the petitioner challenges the 2 action of the respondent Zilla Parishads in not appointing him to the post of Shikshan Sevak. 3] The petitioner was successful in the examination conducted by the respondent no.2. In pursuance to the selection of the petitioner, petitioner was interviewed by respondent no.4. However, the petitioner was not given an appointment order. Hence the present Petition. 4] Smt.Jain, learned counsel for Zilla Parishad submits that since the petitioner had applied from Scheduled Caste Sports Category, and since he had not submitted the certificate of the competent authority that he was entitled to be appointed from Sports category, he was rightly denied appointment. 5] In a similar case, on perusal of the application form, we have held that if candidate is entitled to be considered from more than one reserved categories then he has to be considered from all those reserved categories. Admittedly the petitioner belongs to Scheduled Caste category. If the petitioner was not eligible to be appointed from the Scheduled Caste 3 Sports category, the petitioner ought to have been considered from the Scheduled Caste category. It is not in dispute that the last person to be selcted from the Scheduled Caste category has secured 133 marks, whereas petitioner has secured 139 marks. In that view of the matter, the action of the respondent- Zilla Parishad in not considering petitioner from S.C. category and appointing him in that category, in our view is not sustainable in law. 6] Respondent -Zilla Parishad is directed to appoint the petitioner as Shikshan Sevak in the next available vacancy from S.C. category. Rule made absolute in above terms with no order as to costs. [A.A.SAYED] [B.R.GAVAI] JUDGE JUDGE umg/wp8763-10