1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 25 OF 2011 (Tushar Keshaorao Deshmukh vs. Union of India & Anr.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. JUNE 06, 2011. Heard Shri Parchure, learned Counsel for petitioner and Shri Mishra, learned counsel for respondent No.1. This is second petition by the petitioner, who is a physically challenged candidate belonging to OBC category. His earlier Writ Petition No. 5287 of 2009 was raising challenge to ceiling on number of attempts available to OBC candidates and, therefore, to Rule 4 of the Indian Administrative Service (Appointment by Competitive Examination) Regulations, 1955. This Court then found the said ceiling justified. In present petition, effort is to contend that not prescribing any such ceiling for Scheduled Caste/ Scheduled Tribe candidates and the treatment therefore given to them in the matter is 2 violative of Article 14 of the Constitution of India. The Division Bench judgment dated 07.09.2010 in Writ Petition No. 5287 of 2009 has considered the separate treatment given to OBC category in the matter and has already upheld it. The distinction between SC and ST candidates on one hand and OBC candidates on the other hand, which already exists, has been used in said Rule 4. In the light of said judgment dated 07.09.2010, we do not find any substance in the challenge as raised. A Division Bench judgment of Delhi High Court dated 23.05.2011 in Writ Petition (C) No. 3450 of 2011 taking similar view is also pointed out to us. In the circumstances, writ petition is rejected. An application for amendment of petition, tendered during the course of hearing, is also rejected. JUDGE JUDGE *GS.