1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8231 OF 2009 Nanda D/o Uddhavrao Mahanor, R/o: C/o- Uddhavrao Mahanor, Trade Union Center, Shriramnagar, Nagar Road, Beed. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the District Collector, Ahmednagar, 2) The Collector, Ahmednagar District, Ahmednagar & The Chairman, District Selection Committee, Ahmednagar, 3) The Chief Executive Officer, Zilla Parishad, Ahmednagar & The Member District Selection Committee, Ahmednagar, 4) The Executive Engineer, Zilla Parishad Public Works North Division, Ahmednagar & Member Secretary, District Selection Committee, Ahmednagar. ...RESPONDENTS. ... Shri.Avishkar S. Shelke Advocate for Petitioner. Shri.V.B. Ghatge, A.G.P. for Respondent Nos. 1 and 2. Shri. S.T. Shelke Advocate for Respondent Nos. 3 and 4. ... 2 CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 27TH JULY, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. Shri. Avishkar Shelke, learned counsel appearing for the Petitioner submits that the Petitioner was only woman candidate in N.T. (C) women category. She applied for the post of Civil Engineering Assistant. The Petitioner appeared in written test and oral too. But instead of the Petitioner, male candidate from N.T.(C) category was appointed. 3. Shri. S.T. Shelke, learned counsel appearing for Respondent No.3 submits that in accordance with the policy of the State and the conditions of the advertisement, a candidate was required to obtain minimum 45% marks out of 200. The Petitioner secured less than 45% marks. Detail 3 chart of marks allotted to the candidates is placed on record. As this was horizontal reservation and Petitioner was only woman candidate, the Respondents appointed male candidate from the same category. 4. As Petitioner failed to secure the minimum required 45% marks in written and oral test, the Petitioner is not entitled to be appointed even if the Petitioner is claiming appointment from N.T.(C) woman category. The conditions of passing and the minimum percentage for entitling consideration, cannot be compromised qua the different categories of reservation. There is no substance in the Petition. The Writ Petition is rejected. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/JULY10/wp8231.09