- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4847/1999 Balaji s/o Eknathrao Konale, age 32 yrs., occu.service as a Lecturer in Hindi r/o Shrikrishna Mahavidyalaya, Gunjoti Tq.Omerga Dist.Osmanabad. ...Petitioner.. Versus 1] The State of Maharashtra. 2] Joint Director, Higher Education, Aurangabad Region, Aurangabad. 3] The Principal, Shrikrishna Mahavidyalaya, Gunjoti. Tq.Omerga Dist.Osmanabad. 4] The Secretary, Shrikrishna Education Society, Gunjoti Tq.Omerga Dist.Osmanabad. 5] Vice Chancellor, Dr.Babasaheb Ambedkar Marathwada University, Aurangabad. ...Respondents... ..... Shri V.G. Sakolkar, Advocate for petitioner. Shri K.G. Patil, AGP for respondent nos.1 & 2. Respondent no.3 served. Shri S.P. Kekan, Advocate for respondent no.4 (absent). - 2 - Shri S.S. Bora, Advocate h/f Shri S.C. Bora, Advocate for respondent no.5. ..... CORAM: B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE: 17.08.2010 ORAL JUDGMENT (Per Gavai, J.): 1] Heard learned counsel for the parties. 2] The impugned order came to be passed on the ground that the petitioner had not secured 55% marks. Perusal of the Government resolution dated 11.12.1999 would reveal that in so far as the candidates belonging to scheduled caste and scheduled tribe categories are concerned, they will be held eligible if they possess more than 50% marks. The petitioner possesses more than 50% marks and belongs to scheduled tribe. As such the impugned order is not sustainable in law. 3] Rule is, therefore, made absolute in terms of prayer clauses (B) and (D) of the petition. No order as to costs. (S.V. Gangapurwala, J.) (B.R. Gavai, J.) ndk/c178109