AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.134 OF 2008 IN WRIT PETITION NO.8139 OF 2006 Bhaskar Maniram Suryawanshi ... Applicant Vs. State of Maharashtra & Ors. ... Respondents Mr. N.V. Bandiwadekar for the applicant. Ms. M.P. Thakur, A.G.P. for the State. Mr. R.D. Rane for respondent 2. CORAM : SMT. RANJANA DESAI & SMT. ROSHAN DALVI, JJ. DATED : JANUARY 21, 2008. P.C.:- 1. We have heard learned counsel appearing for the applicant, learned counsel for respondents 2 and 3 and learned A.G.P. for the State. 2. The applicant is seeking a direction to respondents 2 and 3 to AJN 2 fill up the existing vacancies in the post of Head Master in its Primary Schools strictly in accordance with the Roster prescribed under the Government Resolution dated 18/10/1997 issued by the State of Maharashtra and accordingly consider the claim of the applicant for such promotion as a candidate belonging to Nomadic Tribe (C) Category against Roster Point No.31 in the said Roster. 3. We see no difficulty in passing this order. However, it is not possible for us to direct the respondents to grant promotion to the applicant as prayed for. The respondents shall consider the applicant's case as per the rules. Hence, prayer clause (a) of the civil application is granted except the bracketed portion. Prayer clause (a) along with the bracketed portion reads as under : “(a) The Respondent Nos.2 and 3 may be directed to fill up the existing vacancies in the post of Head Master in its Primary Schools strictly in accordance with the Roster prescribed under the Government Resolution dated 18/10/1997 issued by the State of Maharashtra and accordingly consider the claim of the applicant for such promotion as a candidate belonging to Nomadic Tribe (C) Category against Roster Point No.31 in the said Roster [and accordingly grant the said promotion to applicant with all consequential benefits.]” AJN 3 4. Civil application is disposed of. [SMT. RANJANA DESAI, J.] [SMT. ROSHAN DALVI, J.]