1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.9202 OF 2009 Rajesh B. Khandare ...Petitioner. v. The State of Maharashtra & Ors. ...Respondents. Mr. Machindra Deshmukh, adv. For the Petitioner. Mr. V.S.Masurkar, AGP for the Respondent No.1. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 17th November , 2009 P.C. 1 Petitioner had appeared for the written examination of direct recruitment to the post J.M.F.C. Petitioner is physically handicapped. Petitioner obtained less than 50% of the marks and was consequently declared as “not qualified” and not called for the oral interview. 2 By the present petition, petitioner contends that in so far as SC/ST candidates are concerned cut-off mark is 45% and in new circumstances, so far as the petitioner is concerned, being handicapped, cut-off percentage shall be fixed at 45%. Hence, the present petition. 3 In so far as the SC/ST are concerned, the Constitution of India provides under Article 51, 15 and 16, certain concessions. In that 2 context that the percentile for candidates from the SC/ST had been fixed at 45%. If the petitioner belongs to reserved category, then he would be entitled to the same. Petitioner, however, belongs to open category and consequently, he is not entitled. It is not possible for this Court to lay down, interfere in the matter of recruitment process more so when there is no breach in the matter of statutory enactments or so in the matter of constitutional requirements. Considering the above, in our opinion, there is no merit in this petition, which is accordingly rejected. (J.H. BHATIA,J.) (F.I.REBELLO, J.)