1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8138 OF 2008 Sunita Shivaji Kadam. .. Petitioners. vs. Education Officer & Ors. .. Respondents. Smt. Anita A. Agarwal for the petitioners. Mr. V.P. Malvankar, AGP., for respondents. CORAM : J.N. PATEL & SMT. MRIDULA BHATKAR, JJ. DATE : 22ND JUNE, 2009. P.C. : Heard. 2. The petitioner had applied for appointment to the post of Primary Teacher (Shikshan Sevak) in marathi medium school run and managed by Zilla Parishad, Sangli. It appears that the petitioner was not found eligible on the ground that she has passed her HSC (12th Std.,) in marathi medium and D.Ed., in English medium whereas the post which was advertised was meant for candidates who had passed their HSC (12th Std.,) as well as D.Ed., in English medium. It is the 2 case of the petitioner that this is not only arbitrary but also discriminatory and, therefore, the said G.R. , dated 2.6.208 in so far as it incorporates the words and conditions “12th from English Medium” be quashed as discriminatory, arbitrary and unconstitutional to the extent of its inclusion of the condition of 12th English Medium for 20% Reserved Category. 3. We find that the G.R., dated 2.6.2008 is a policy decision taken by the Education Department of the State Government for enhancing the standard of students particularly to enable them to have an opportunity to compete with students studying in English Medium school by way of prospects and the reservation being restricted to 20%, it cannot be said to be discriminatory or arbitrary. 4. In so far as the petitioner is concerned as she has prosecuted her studies in marathi medium while passing her HSC, 12th Std., she cannot be considered for appointment in the 20% reserved category as notified in the G.R., dated 2.6.2008 which clearly supersedes the G.R., dated 22.11.2007. Therefore, we do not find any merit in the petition. The same is dismissed. (J.N. PATEL, J.) (SMT. MRIDULA BHATKAR, J.)