1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6157 OF 2010 ( Yashpal Abhiman Hangargekar Vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A. S. Shelke, Advocate for petitioner. Mr. S.K. Tambe, AGP for respondent Nos. 1 & 2. Mr. K.M. Suryawanshi, Advocate for respondent No. 3. Mr. Amol Gandhi, Advocate for respondent Nos. 4 & 5. Mr. Avinash Kshirsagar, Advocate for respondent No. 6. CORAM : B.R. GAVAI AND A.A.SAYED, JJ. DATED :11th October, 2010. PER COURT : 1. By way of present petition, the petitioner challenges appointment of respondent No. 6 as Lecturer in Civil Engineering. 2. It is the contention of the petitioner that as per the advertisement, 3% seats are reserved for physically handicapped candidates. He submits that in spite of there being reservation and petitioner being only qualified candidate from the category of physically handicapped persons, he has been denied appointment. 3. From the advertisement, which is annexed to annexure "B" of the petition, it cannot be said that the particular post 2 was reserved for physically handicapped candidate. In so far as the respondent No. 6 is concerned, she has been selected from the open category. It is also not disputed that the respondent No. 6 is more meritorious then the petitioner in the open category. 4. In the absence of posts against which the respondent No. 6 is appointed being reserved for physically handicapped persons, the relief as claimed in the petition could not be granted. Petition is, therefore, rejected. [ A. A. SAYED ] [ B. R. GAVAI ] Judge Judge ssc/wp6157.10