1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3183 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders CORAM: A.M. KHANWILKAR & S.S. SHINDE, JJ. DATE : 25TH FEBRUARY, 2010. 1. Heard counsel for the parties. 2. It is not in dispute that the Petitioner is entitled to be considered for appointment in the category of nominee of the freedom fighter. As a matter of fact, the State Government recommended the case of the Petitioner for being considered for appointment. The Zilla Parishad, however, has not acted 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders upon the said recommendation on the specious plea that the Petitioner has not participated in the selection process along with other eligible candidates so far. Counsel for the Zilla Parishad is, however, unable to point out any document from the record to show that intimation was given to the Petitioner to appear for written or viva-voce examination at any point of time. In other words, it is not possible to countenance the stand of the Zilla Parishad that the Petitioner has refused to participate in the selection process. It was argued by the counsel for the Zilla Parishad that to participate in selection process the Petitioner was expected to submit application in response to the advertisement in any vacancy notified by the Zilla Parishad. The Petitioner has not submitted any 3 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders application so far. 3. Assuming that this position is correct, as the Petitioner is content with the direction to be issued to the Zilla Parishad to consider his claim against the future vacancies along with other eligible candidates, we dispose of this Petition with direction to the Zilla Parishad to consider the claim of the Petitioner in any future vacancy in which the Petitioner can be appointed under the category of nominee of the freedom fighter, subject to eligibility and compliance of all the formalities. We hope and trust that the Zilla Parishad will not fill up any future vacancies in Class III and Class IV posts unless public notice thereof by way of newspaper advertisement. 4 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 4. Writ Petition is disposed of on the above terms. [S.S. SHINDE,J.] [A.M. KHANWILKAR,J.] asb/FEB10/wp3183.09