: 1 : wp.9519.2010 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9519 OF 2010 Devyani Shridhar Mhatre .. Petitioner V/s. The State of Maharashtra & ors. .. Respondents Mr.A.B. Tajane I/b S.K.Hande & C.K. Bhangoji for the Petitioner Mr.C.R Sonawane, AGP, for the Respondent Nos.1 & 2 Mr.C.G. Gavenkar for Resp. No.3 CORAM: B.H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: AUGUST 22, 2011 P.C.: 1. We have heard Mr.Tajane, learned Counsel for the petitioner, who had appeared for the selection to the post of Anganwadi Supervisor for the year 2007-2008 under the Raigad Zilla Parishad. She appeared for the written as well as oral examination. Written examination was held on 22.6.2008 whereas the interviews were held on 9.7.2008. All the candidates were assessed for 225 marks (200 marks for written examination and 25 marks for oral interviews). After completion of the selection process, a merit list was published and the petitioner who was seeking appointment under the OBC quota was not : 2 : wp.9519.2010 appointed. Hence, this petition seeking directions to issue an appointment order and quash and set aside the order dated 4.8.2010. 2. The respondent Zilla Parishad has filed affidavit in reply and has submitted that there were in all 12 posts to be filled in, 5 of them were in the open category including a sportsperson and handicapped person. So far as the OBC is concerned, there is only one post. After the written examination and oral interviews, the select list was prepared and 11 candidates came to be appointed. In the OBC category, one Ms.Sonar Sangita Purshottam, who scored in all 134.88 marks as against the petitioner’s score of 131.25 marks out of 225 marks, came to be appointed. Initially, in all 11 candidates were appointed and only two of them were from the open category whereas the remaining 9 were under the reserved quota. The petitioner has mainly questioned the appointment of Respondent No.5 from the merit list prepared and displayed on 1.7.2008. It is clear that Respondent No.5 was at serial No.1 in the wait-list and the petitioner at serial No.2. Respondent No.5 is from open category and has secured 204.25 marks out of 225 marks and she has been appointed under the handicapped category. So long as the respondent No.5 has NOT been appointed under the OBC category, the petitioner cannot have a grievance against the : 3 : wp.9519.2010 appointment of the said respondent. Ms.Sonar Sangita Purshottam who has been appointed under the OBC quota, has admittedly scored more marks than the petitioner and, therefore the petitioner’s claim for appointment to the post of Anganwadi Supervisor consequent to the selection panel dated 1.7.2008 cannot be considered. 3. The Petition is rejected summarily. (SMT.NISHITA MHATRE, J.) (B.H. MARLAPALLE, J.)