IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.5715 OF 2009 Shri Bhausaheb T. Chavan ...Petitioner. v. The State of Maharashtra & Ors. ...Respondents. Mr. Prashant Bhavake with N.V.Bandiwadekar, advs. For the Petitioner. Mr.S.N.Patil, AGP for the Respondent No.1. Mr.S.P.Thorat, adv. for the Respondent Nos.2 and 3. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 12th November , 2009 P.C. 1 Petitioner applied against the open seat for the post of Extension Officer (Education). Out of 12 vacancies, 4 were for open category candidates. Petitioner was not amongst the list of appointed candidates but was in the waiting list at Sr.No.1. 2 Reply has been filed by the Shri Patil Education Officer (Primary) Zilla Parishad in Paragraph 4 it is set out that four open category seats have been filled in as also all other seats except one seat reserved for ex-servicemen. 3 Submission of the petitioner is that there is one vacancy available and he should be considered for that vacancy. In our opinion, the argument is misplaced. Petitioner applied against the seat meant for 2 open category candidates. Four seats were filled in order of the merit .Once seats are filled in, wait-list exhausted itself and no candidate in the wait list can claim any right against the reserved seat in different category for which he had not applied. 4 In the light of that, there is no merit in the petition,which is accordingly, rejected. (J.H. BHATIA,J.) (F.I.REBELLO, J.)