1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.4789 of 2008 [S.R. Zade Vs. State of Mah. & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Amol Mardikar, Adv., for the petitioner. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI, JJ. DATE : 14th November,2008. Heard Mr. Amol Mardikar, learned counsel for the petitioner. The petitioner claims that in response to the Proclamation dated 21st April, 2007, issued by the respondent no.2-Zilla Parishad, he had submitted his application for the post of Extension Officer [Agriculture] from the Open Category as against two posts. As per the petitioner, the second post was reserved for an Ex-serviceman. He further states that he underwent the selection process, but the appointment order was not issued. He, therefore, approached this Court in Writ Petition No. 211 of 2008, seeking a direction against the Zilla Parishad to issue him an appointment order. 2 As per the order dated 16th June, 2008 passed by this Court, the petition came to be disposed of as withdrawn with liberty to the petitioner to submit a representation. This Court directed the Chief Officer, Zilla Parishad, Wardha, to decide the representation, if filed on or before 30th June, 2008, within a period of four weeks, and on its own merits. The petitioner submitted a representation 23rd June, 2008, and the same has been decided by the impugned order dated 31st July, 2008/2nd August, 2008. As per the Zilla Parishad, the factum of issuing the Proclamation and the selection process has not been denied, and it has been stated that after the selection process was completed, Govt. letter dated 5th June, 2007 was received, stating that unless the quota for the Physically Disabled Persons was filled in, no recruitment for any other posts could be continued. Thereafter, by letter dated 31st August, 2007 forwarding therewith the letter dated 21st April, 2006 sent by the Commissioner, 23 posts of Extension Officers earlier sanctioned were reduced to 18. As per the rules, out of the said 18 posts, nine were required to be filled in by nomination, whereas the remaining nine were to be filled in by promotion. So far as the posts to be filled in by nomination are concerned, there was no vacancy, and only one vacancy remained in the 3 quota to be filled by promotion. Consequently, there was no scope for issuing any appointment order in favour of the petitioner. We do not find any case made out to issue a Writ directing the respondent no.2-Zilla Parishad to issue an appointment order in favour of the petitioner, when the Zilla Parishad now states that there is no such vacancy available, as the sanctioned posts were reduced from 23 to 18. Hence the petition is rejected. Judge Judge |Hedau|