(1) WP 5292.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5292 OF 2011 Vijay S/o Jijasaheb Jadhav PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. A.N. Kakade, Advocate for the Petitioner. Mr. V.D. Rakh, A.G.P. for the Respondent-State. Mr. R.S. Deshmukh, Advocate for the respondent no.2 ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 14TH NOVEMBER, 2011 ORAL ORDER: 1. Leave to delete respondent nos. 3 to 5. 2. Rule. Rule made returnable forthwith. By consent, the Petition is heard finally. 3. The petitioner has approached this Court, challenging his non-selection by respondent no.2 for the post of Assistant. The petitioner is Ex- Serviceman. The respondent no.2 had advertised various posts, including the post of Assistant. One of the said posts was reserved for Ex-Servicemen. (2) WP 5292.2011 The qualification prescribed for the said post was Graduate's degree from a recognized University and M.S.C.I.T. and Computer Education. Experience requirement was regarding experience in communication, correspondence etc. In the affidavit in reply filed on behalf of the respondent no.2, it is stated that the petitioner was not a Graduate and he did not possess the requisite experience and as such he was not found eligible for the appointment. 4. Perusal of certificate, which is annexed at Exhibit "G" to the Petition would reveal that the Indian Army has issued a certificate in favour of the petitioner, stating that he is a matriculate and has put in not less than 15 years of service, which could be considered for appointment on any reserved vacancy in Group "C" posts, for which the essential qualification is graduation and where experience of technical or professional nature is not essential. Apart from that, it can be seen from the certificate, copy of which is produced on record by the petitioner that the petitioner was also having the experience of doing Office work in the Indian Army. (3) WP 5292.2011 5. Admittedly, the post does not require the technical or professional experience. The experience is only of doing work in the Office. As such, the first ground on which the petitioner's claim is rejected that he does not possess the Graduate's degree is concerned, it would not stand in view of the certificate issued by the Indian Army. The second ground regarding the experience is concerned, the perusal of the selection list itself would reveal that various candidates have been selected though they do not possess the requisite experience on the ground that the said candidates belong to the category of horizontal reservation and no other candidates other than the said candidates are available from the horizontal reservation. Undisputably, the petitioner also belongs to category of Ex-Servicemen, which is a horizontal reservation and no other candidate, who possess the said qualification is available from that category. In that view of the matter, we find that the second ground of rejection of the petitioner's case is also not tenable. (4) WP 5292.2011 6. We therefore allow the Petition by directing respondent no.2 to select the petitioner for the post of Assistant from the category of Ex-Servicemen. Rule is therefore made absolute in the aforesaid terms. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/