1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4702 OF 2009 (Dilipkumar R. Makesar vs. State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Ms. S. Deshpande, Advocate for the petitioner. Shri A.S. Fulzele, Assistant Government Pleader for the respondent nos. 1 to 3. -------- CORAM : D.B. BHOSALE AND P.B.VARALE, JJ. DATED : JUNE 14, 2010 Heard learned Counsel for the parties. By this petition, petitioner has impugned the following order passed by the Maharashtra Administrative Tribunal on 11/6/2009 : “An advertisement for recruitment of Police Constables was issued and the recruitment was to be held on 10.2.2004 for 93 posts. Out of the 93 posts, 20 posts were reserved for S.C. category candidates. He underwent the tests and secured 130.14 marks out of 200 in physical, written and oral tests. The select list shows that 15 male candidates and five female candidates were 2 selected from S.C. category. The last male candidate in S.C. category obtained 97.57 marks. However, he is also an Ex-serviceman. So is the candidate at Sr. No.14, the candidate at Sr. No.13 is Homeguard candidate and candidate at Sr. No.12 is a Project Affected person. Upto Sr. No.11, all the candidates have only one reservation and that is under S.C. category. The last candidate at Sr. No.11 obtained 143.33 marks. Since the applicant does not claim any other reservation in addition to S.C. category, obviously he could not be selected. We find no substance in his grievance. The O.A. is, therefore, dismissed in limine.” We have heard learned Counsel for the petitioner. At the outset, she submitted that respondent no.4 was not qualified to be appointed from the category of Home Guards belonging to Scheduled Caste since he did not have three years' experience till the date of advertisement. Admittedly, though petitioner belongs to Scheduled Caste, he cannot claim any other reservation, such as Home Guard, Project Affected Person and Ex-serviceman. The candidates, who were selected at serial nos. 12, 13, 14 and 15 belong to Scheduled Caste category and over and above that, they are 3 from the category of Project Affected Persons, Home Guard and Ex-servicemen and in view thereof, though they secured less marks, they were selected on the posts, which were reserved for the said categories. When we asked learned Counsel for the petitioner as to whether petitioner would be entitled for the post if selection of respondent no.4 is set aside, her answer was in the negative. Keeping that in view and considering overall facts and circumstances of the case including the reply filed on behalf of respondent nos. 2 and 3, in our opinion, no case warranting interference in the writ jurisdiction is made out. Hence, the petition is dismissed. JUDGE JUDGE khj