IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1019 OF 2005 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Niwaratti s/o. Rangnath Hurgule .. Petitioner Versus The State of Maharashtra and others. .. Respondents. Mr. V.G. Sakolkar, Advocate for the petitioner Mrs. A.V. Gondhalekar, AGP for respondent Nos. 1 and 2. Mr. N.B. Khandare, Advocate for respondent Nos. 3 and 4. Mr. B.S. Kudale, Advocate for respondent Nos. 5 and 6. Mr. Alok Sharma, Special Counsel for respondent No.7. CORAM :- B.R. GAVAI & M.T. JOSHI, JJ. DATE :- 28TH SEPTEMBER, 2011. PER COURT :- 1] When the Petitioner in the present case was appointed as Lecturer in Sociology in the year 1998, the post was reserved for OBC. However, since no candidate from OBC category was available, the petitioner, who belongs to NT(c) category, was appointed against the said post. The said post has been advertised on 6 occasions, from 19th December, 1998 to 30th November,2004 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1019 OF 2005 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 2] In view of the Govt. Resolution dated 5th December, 1994, if a candidate from a particular category is not available for a period of 5 years, the said post has to be carried over for a period of 5 years. However, inspite of making efforts if a candidate is not available up to the 6th year, then the said post is required to be filled in by interchanging amongst the other reserved categories. In that view of the matter, since no candidate was available for a period of 6 years, even after making efforts by the management, it is liable to be filled in by interchange. Since the petitioner was already occupying the said post since 1998, we find that the petition deserves to be allowed. 3] Rule is, therefore, made absolute in terms of prayer clause (D). Civil applications, if any, stand disposed of. [M.T. JOSHI,J.] [B.R. GAVAI, J.] grt/-