S H SHOOL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is a Released Emergency Commissioned Officer. He was appointed as a Deputy Collector in the Maharashtra Civil Service by way of direct recruitment against the vacancy reserved for the Released Emergency Commissioned Officers. He represented before the State government against the seniority position assigned to him in the service but the same was rejected in the year 1985. Thereafter, he filed a writ petition before the Bombay High court seeking various reliefs. The writ petition was dismissed. These appeals by way of special leave are against the judgment of the High court.

(2.) The State government by an order dated 3/3/1963 reserved 50 per cent of the substantive vacancies, in all the cadres, occurring after 28/10/1962, for the Emergency Commissioned Officers. The appellant sat for the examination held in June 1969 for selection to the three reserved posts of Deputy Collectors. The result was declared on 5/2/1970. Seventeen candidates, including the appellant, were selected. The appellant was placed at serial No. 10 in the merit list. The first vacancy was filled on 11/8/1970 and the second on 9/8/1971. Mr Prohit, the second appointee was at serial No. 5 of the merit list. The third vacancy remained unfilled and was dereserved. Meanwhile, on 11/8/1970, four more posts of Deputy Collectors, to be filled from amongst the Emergency Commissioned Officers, were advertised. The appellant applied and sat in the examination. The result was declared on 4/8/1971. The appellant was again selected and placed at serial No. 4 of the merit list. As a result of the second selection he was appointed as Deputy Collector on 23/2/1972.

(3.) The second vacancy relating to first selection was filled as late as on 9/8/1971. We fail to understand why the third vacancy was not filled at that point of time. There was no justification for dereserving the same, especially when the second vacancy relating to first selection was filled at the time when the second selection was almost complete.