1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8732 OF 2009 Smt.Arunadevi Ratanlal Rathod : Petitioner versus Commissioner for Co-operation and Registrar, Co-operative Societies Maharashtra State, Pune and ors. : Respondents. Mr. S G Kudle for the Petitioner. Mr. C R Sonawane, AGP for Respondent Nos. 1 and 2. CORAM : A. M. KHANWILKAR, R. M. SAVANT, JJ. DATED : 05th May 2010 P.C. : 1 Heard counsel for the parties. 2 In view of the stand taken by the Respondents in the affidavit in reply filed before us which is sworn by Shri Dilip Tukaram Bhopkar dated 20th April 2010 in particular Paras 6 and 7 thereof, this Petition will have to be allowed inasmuch as it is now conceded that the cut off point of NT-A Female category candidate has come down to 42.38 marks whereas the Petitioner has secured 43 marks out of 100 marks and therefore is eligible for appointment to the post of Junior Clerk against NT-A Female Category. It is also conceded that there are three posts of junior clerk vacant against NT-A Female Category reservation and therefore the Petitioner can be appointed against one of the said vacant posts. 2 3 The fact so stated is reiterated by the learned AGP on telephonic instructions from Shri Dilip Tukaram Bhapkar who has filed the reply affidavit. 4 In the circumstances, this Petition is allowed. The impugned decision of the Tribunal is set aside and in stead the Respondents are directed to consider the case of the Petitioner for appointment against the vacant posts of reservation on the basis of the advertisement dated 1st February 2007 subject to any other eligibility condition. 5 If the Petitioner is eligible in all respect, the appointment procedure be completed as expeditiously as possible and in any case within six weeks from today. 6 This Petition is disposed of accordingly. (R.M.SAVANT, J.) (A. M. KHANWILKAR, J.)