1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6380 OF 2009 Rajabhau S/o Shamrao Chavan, Age : 23 Years, Occu. : Nil, R/o Samta Colony, Majalgaon, Tq. Majalgaon, Dist. Beed .. .. Petitioner Versus 1. The State of Maharashtra. 2. The Chief Executive Officer, Zilla Parishad, Beed. {Being the President of the District Selection Committee Parichar (Class IV)} .. .. Respondents Shri V. A. Dhakne, Advocate for the Petitioner. Shri K. B. Choudhari, Addl. G.P. for the Respondent No. 1. Shri N. L. Jadhav, Advocate for the Respondent No. 2. CORAM : A. P. DESHPANDE & N. D. DESHPANDE, JJ. DATE : 18TH FEBRUARY, 2010. 2 JUDGMENT [ PER N. D. DESHPANDE, J. ] : 1. Rule. Rule made returnable forthwith. Heard with consent of the parties finally, at the stage of admission. 2. The petitioner by this petition, seeks a direction to the respondent No. 2/Chief Executive Officer, Zilla Parishad, Beed for inclusion of his name in the wait list prepared in order of merit from V.J.-A category for the post of Parichar Class IV, mentioned in the advertisement No. 01/2006. 3. Heard both the sides. 4. It is undisputed that the petitioner belongs to Vimukta Jati-A category and was one of the candidates amongst 08 from V.J.-A reserved category, as per the merit list prepared for the post of Parichar Class IV, pursuant to the advertisement No. 01/2006. The advertisement was for 143 posts of Parichar under the Zilla Parishad, Beed by direct recruitment, out of which 05 posts were reserved for V.J.-A category. 5. It is also undisputed that the petitioner's name is shown at 3 Sr. No. 05 in the final merit list. A candidate at Sr. No. 6 by name Pardeshi Manisha Madansingh and a candidate at Sr. No. 8 by name Pawan Baburao Laxman came to be selected from female category and Ex-service man category respectively, from the aforesaid final merit list of 08 candidates. Therefore, first three candidates shown above the petitioner were selected by respondent No. 2 as per merit list. Out of those 03 selected candidates, candidate at Sr. No. 1 Vijay Santram Gaikwad had already joined on the post of Health Sevak Class III at Panchayat Samittee, Akole, under Zilla Parishad, Ahmednagar. So there was no question of his joining as parichar Class IV to the knowledge of respondent No. 2. Therefore, the petitioner raised his claim to the said unfilled vacancy and it was so pointed out by him to the respondent No. 2, for inclusion of his name in the waiting list as per merit. 6. However, name of only one Chavan Prakash Bhanudas came to be included in the waiting list on merit by the respondent No. 2, as per Government Resolution. Therefore, respondent No. 2 declined the petitioner's claim stating that petitioner had no vested right to seek the appointment order, for there is no provision to select next below candidate for its inclusion in the wait list in the changed circumstances as alleged 4 by the petitioner that selected candidate did not join the service. 7. The respondent No. 2 also relied on decision given by this Court in Writ Petition No. 2679/2009, in the matter of preparation of waiting list of 134 posts of Parichar Class IV and decline to include his name in the waiting list and urged that the petition is misconceived. Affidavit filed on behalf of respondent No. 2 in reply also clarified that there is no prejudice to the candidate of V.J.-A category. 8. Perused final list of selection Exhibit - F (record page 23) relied by the petitioner in support of his representation dated 11.05.2009 made to respondent No. 2. So also, affidavit of selected candidate named Gaikwad Vijay Santram Exhibit - E dated 27.02.2009 for cancellation of his appointment as per the select list. 9. During the course of hearing, it is pointed out that candidate Chavan Prakash Bhanudas has secured employment and already intimated to respondent No. 2 that his name should be deleted from the merit list. Thus, we have no hesitation to hold that the petitioner has made out his case to the extent of inclusion of his name in the waiting list. In the given facts and 5 changed circumstances, the petition deserves to be allowed only to the extent of inclusion of petitioner's name in the waiting list as candidate from V.J-A category. The petitioner is partly allowed. The rule is made absolute in above terms. [ N. D. DESHPANDE, J.] [ A. P. DESHPANDE, J.] bsb/Feb. 2010