1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.985 OF 2008 (State and another vs. Ku. Jyoti Rambhau Bangar and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : APRIL 3, 2008 Heard Shri Mujumdar, learned Assistant Government Pleader for the petitioners, and Shri Dhatrak, learned Counsel for the respondent no.1. The petition is directed against the order dated 10.8.2007 passed by the Maharashtra Administrative Tribunal whereby original application filed by the respondent no.1 came to be allowed. We have considered the contentions of the learned Counsel for the parties. The following facts are not in dispute : 2 (i) The respondent no.1 was selected for the post of Junior Clerk and her name was shown in the select list, which was published in the month of December 2003. (ii) Four candidates from the said Select List came to be appointed on the posts of Junior Clerk vide orders dated 29.5.2004. (iii) The respondent no.1 though selected was not given appointment order for want of caste validity certificate which she was required to submit within a period of three months from the date of selection. (iv) Vide communication dated 6.2.2004 issued by the Department of Social Justice, Government of Maharashtra, the word “selection” was substituted by word “appointment” and, therefore, candidate was required to submit caste validity certificate within three months from the date of appointment. In the instant case, respondent no.1 though selected was never given appointment order and candidates, who were selected along with respondent no.1, were given appointment orders on 29.5.2004, i.e. admittedly after 3 6.2.2004. Since respondent no.1 was never given appointment order, it was not open for the petitioners to take advantage of the condition mentioned in the Government Resolution dated 24.1.2004 whereby candidate was required to submit caste validity certificate within a period of three months from the date of selection. The conclusion arrived at by the Tribunal is just and proper. No interference is called for. The petition is dismissed. JUDGE JUDGE khj