WP 5997/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5997/2011 Nitin Shenphadu Patil V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri P.V. Barde, Advocate for petitioner. Smt.A.V. Gondhalekar, AGP for respondent nos.1 to 3. Shri N.D. Sonawane, Advocate for respondent nos.4 & 5. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 25.11.2011 Heard learned counsel for the parties. Rule. Rule made returnable forthwith and taken up for final disposal with the consent of learned counsel for the parties. As Shri N.D. Sonawane, learned counsel appears for the respondent nos.4 & 5, the service is complete. The petitioner has approached this Court for a direction to the respondent no.3 to grant approval to his appointment as Assistant Teacher in Dayanand Vidyalaya, WP 5997/11 2 Kaygaon. The perusal of the order dated 10.7.2009 would reveal that the approval has been rejected to the petitioner on the ground that in the school run by respondent no.4 at Raneshwar Vidyalaya at Hatti, there is one vacancy of scheduled caste. Shri N.D. Sonawane, learned counsel appearing on behalf of the respondent nos.4 & 5, categorically states that insofar as appointment of the petitioner is concerned, which is with the respondent no.5, the same is against a post for open category. He further states that insofar as the school at Hatti is concerned, there are still vacancies and the backlog for scheduled caste would be filled by appointing a person from the scheduled caste in Raneshwar Vidyalaya at Hatti. In that view of the matter, we find that there is no reason as to why the approval to the appointment of the petitioner should be withheld. We, therefore, record the WP 5997/11 3 statement made on behalf of the respondent nos.4 and 5 as an undertaking to this Court that they will fulfill the backlog of scheduled caste by appointing a person from that category in Raneshwar Vidyalaya at Hatti. Rule is, therefore, made absolute in terms of prayer clause (A) of the petition. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 25.11.2011 ndk/c2511115