1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5108/2010 Vijay Vinayak Nagargoje PETITIONER VERSUS The State of Maharashtra & Anr .. RESPONDENTS ....... Shri S.S.Thombre,Advocate for petitioner Smt.A.V.Gondhalekar,A.G.P. for respondents No.1. Shri A.R.Nikam,Adv.for R.2. ......... CORAM : B.R.GAVAI & A.A.SAYED,JJ. DATE : 26/10/2010 ......... PER COURT : 1] Rule. Rule made returnable forthwith. By consent, Petition is heard finally. 2] By way of present petition, the petitioner challenges the action of the respondent No.2 not appointing the petitioner to 2 the post of Shikshan Sevak. 3] The examination was conducted by respondent no.2 for the purpose of selection of Shikshan Sevaks. 4] The petitioner who belongs to NT-D category had erroneously shown himself to be belonging to Physically Handicapped category, however, the said error came to be corrected immediately and the petitioner reported to respondent no.2 that he does not belong to Physically Handicapped category. Shri Nikam, learned counsel for respondent no.2 submits that since the petitioner had shown that he belongs to Physically Handicapped category, and since he did not possess the necessary certificate, he was rightly denied the appointment. 5] We have perused application form of the respondent no.2. The said application form clearly states that if a candidate is entitled to be considered from more than one reserved categories, he should be considered from all those categories. In that view of the matter, since petitioner belongs to NT-D 3 category, it was also necessary that he should have been considered from the NT-D category. 6] It is not in dispute that though the petitioner has secured 148 marks, the cut off of NT-D category is 146 marks, as such petitioner is clearly entitled to be appointed from NT-D category. 7] In that view of the matter, we allow the petition by directing respondent no.2 to give appointment him in any of the categories against the next available vacancy from NT-D category. Rule is made absolute in above terms with no order as to costs. [A.A.SAYED] [B.R.GAVAI] JUDGE JUDGE umg/wp5108-10