1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8683 OF 2010 Keshav s/o. Vishnu Dongre, Age 23 yrs., Occu. Education, R/o. Kothi, Tq. Kaij, Dist Beed. ....Petitioner. Versus 1. The State of Maharashtra, Through Principal Secretary, Education Dept., Mantralaya, Mumbai. 2. The Maharashtra State Council of Examination, 17, Dr. Ambedkar Road, Pune - 400 001. 3. The Chief Executive Officer, Zilla Parishad, Beed, Dist. Beed. ....Respondents. Mr. S.S. Thombre, Advocate for petitioner. Mr. N.B. Khandare, Govt. Pleader for respondent No. 1. Mr. A.R. Nikam, Advocate for respondent No. 2. Mrs. Netrali A. Jain, Advocate for respondent No. 3. CORAM : B.R. GAVAI AND A.A.SAYED, JJ. DATED : 21st October, 2010. ORAL JUDGMENT : [ PER B.R. GAVAI, J.] 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petition, the petitioner prays for direction to the respondents to consider the claim of the petitioner for appointment of Shikshan Sevak. 2 3. The petitioner applied for the post of Shikshan Sevak. In the examination conducted by respondent No. 2, the petitioner secured 163 marks. In so far as the open category candidates are concerned, cut of marks were prescribed as 146. It appears that the respondent No. 3 called the petitioner for interview. When the interview was conducted, the petitioner had appeared from the category reserved for sports persons and since the petitioner did not produce the document in support thereof, he was denied appointment. 4. Smt. Jain, learned counsel appearing on behalf of respondent No. 3 submits that the petitioner had not submitted his certificate, certifying that he is entitled to be appointed from the sports category and therefore, he was rightly denied the appointment. 4. By now, it is settled position of law that even if a candidate applies from a reserved category, if he is entitled to be appointed against his open merit, he has to be considered from the open merit category. Undisputedly, the cut of marks were 146 whereas the petitioner has secured 163 marks, that is much more than required to be considered from the open category. 5. In that view of the matter, the petition is allowed. The respondent No. 2 is directed to appoint the petitioner on the post of Shikshan Sevak 3 against the next vacancy available in the open category. Rule is made absolute with no order as to costs. [ A. A. SAYED ] [ B. R. GAVAI ] Judge Judge ssc/wp8683.10