1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 238/2010 Smt.Vinaya G.Bhoir Petitioner Vs. State of Maharashtra & Ors. Respondents WITH WRIT PETITION NO. 239/2010 Jayshree V.Jadhav Petitioner Vs. State of Maharashtra & Ors. Respondent Ms.Anupama B.shah for petitioner Mr.A.K.Jalisatgi AGP for Res.1 to 4 Ms.Vandana Goregaonkar ,Head Mistress-Res.3 Mr.Rohan Cama i/b Mr.Sanjay Udeshi for Res.2 & 3 CORAM: F.I.REBELLO AND MRS.MRIDULA BHATKAR, JJ. DATE : 15TH APRIL,2010 P.C. . Both these petitions can be disposed of by a common order. 2 2] The petitioners in both the petitions were appointed for the first time in the academic year 1993-94 on temporary basis. Fresh letter of appointment was issued in the year 1994-95 . From the academic year 1995-96 they were appointed on probation and the department also granted approval to them for being appointed on probation . 3] The petitioner in W.P.no.238/2010 claims as belonging to the scheduled caste category . 4] The petitioner in W.P.no.239/2010 claims as belonging to open category. 5] A reply has been filed on behalf of the management. It is pointed out that there was no regular vacancy in the academic years 1993-94 and 1994-95 and for the first time at the end of the academic year 1994-95 the roster point in relation to the number of vacancies in the various categories of appointment was increased from 3 100 to 200. In the light of this fresh vacancies were created in the open and scheduled castes category. The petitioners were thus appointed in the academic year 1995-96 . Again the regular vacancy arose. The contention of the petitioners that they have been considered as regular from the academic year 1993-94 is not supported by the documentary evidence on record. 6] Really speaking if the affidavit of the management is accepted the order passed by the department dated 29th February,2008 cannot be faulted. The seniority and consequential benefits including the selection grade can only be from the time of their first regular appointment on probation. In both the cases as the record stands it is from the academic year 1995-96 . 7] However, considering the category and whether in fact a regular vacancy was available in the year 1993-94 as also vacancy in the open category, respondent no.4 to examine the issue after hearing the petitioner and 4 the management . 8] If respondent no.4 arrives at conclusion that there were regular vacancy for scheduled caste category as also open category then the petitioners in both the petitions be considered for seniority from the date of the first appointment. If there was no regular vacancy then the order impugned would stand.We make it clear that the respondent no.4 to consider whether there were vacancy for scheduled caste and open category candidate in the year 1993-94 and 1994-95. 9] The entire exercise be completed within eight weeks from today. (MRS.MRIDULA BHATKAR,J.) (F.I.REBELLO,J.)