1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6972 OF 2009 ... Shri Ayub Razak Patel ...Petitioner v/s. The State of Maharashtra and ors. ...Respondents ... Mr.N.V.Bandiwadekar for the Petitioner. Mrs.S.S.Bhande, AGP for State. ... CORAM: D.K.DESHMUKH, & A.R.JOSHI, JJ DATED: 24 th February,2010 P.C.: 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. The Petitioner, who is the teachers working in the recognised private college, 2 challenge the order passed by the Deputy Director of Education dated 31-10-2007 declining to approve his appointment as Asst. Teachers, which was made by an order dated 30-6-2003. The order itself does not disclose any reason for not approving the appointment of the Petitioner. But the affidavit filed on behalf of the Respondent-Deputy Director it shows that the Deputy Director has declined to approve the appointment of the Petitioner on the ground that there is backlog of Scheduled Tribe and OBC candidates. The Petitioner in paragraph 10 of the petition has clarified that as per the provisions of Rule 9 of the M.E.P.S.Rules which were in force on the date of appointment of the Petitioner the reservation was only 34% and if the roaster is fixed according to percentage of that reservation then there is no backlog. 3 3. In the reply, there is nothing said about the contents of paragraph 10 of the petition. Therefore, to our mind it is clear that the stand of the Deputy Director that there is a backlog of backward class candidates is based on the calculation of reservation at a percentage higher than 34% which is permissible according to Rules at the relevant time. In our opinion, therefore, following order would meet the ends of justice. O R D E R (i)The order of the Deputy Director declining to approve the appointment of the Petitioner which is impugned in the petition is set aside. (ii) The matter is remitted back to the Deputy Director for denovo consideration 4 and decision in accordance with law that was in force on the date of appointment order of the Petitioner. (iii)The Deputy Director shall make an order in accordance with law as expeditiously as possible, in any case within a period of three months from today. (D.K.DESHMUKH, J.) (A.R.JOSHI, J.)