1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4962 OF 2009 ... Smt.Varsha Bhopal Kamble ...Petitioner v/s. The State of Maharashtra & ors...Respondents ... Mr.S.S.Kanetkar for the Petitioner. Mr.V.S.Gokhale, AGP for State. Mr.R.D.Rane for Respondent No.2. Mr.P.M.Arjunwadkar for Respondents Nos. 3 & 5. ... CORAM: D.K.DESHMUKH, & K.K.TATED, JJ DATED: 17 th December,2009 P.C.: 1. The case of the Petitioner is that though the Petitioner was appointed against 2 the seat reserved for ST candidate, because the Petitioner belongs to schedule caste in view of the provisions of Rule 9 of Rules framed under Maharashtra Employees of Private School , she should have been appointed on permanent basis. In the reply filed on behalf of the Education Officer, it is stated that the Petitioner cannot be appointed on permanent basis against the seat reserved for Schedule Tribe because the quota fixed for SC candidate is already filled in. If the petitioner is appointed on permanent basis against the seat reserved for ST, then it will result in exceeding quota which is fixed for SC candidates. The petitioner has not disputed this factual position stated in the affidavit dated 22 nd July, 2009 filed by Mr.Shankarrao S. More, Superintendent, Primary Education Department. If this factual position is accepted, in our opinion, the 3 stand taken by the Education Officer will have to be accepted. Petition is, therefore, rejected. (D.K.DESHMUKH, J.) (K.K.TATED, J.)