ADMINISTRATIVE OFFICER Vs. BAISANE GANESH BHIMRAO & 2

JUDGEMENT

(1.) As common question of law and facts arise in this group of appeals, all these Letters Patent Appeals are decided and disposed of by this common judgment and order.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge in respective Special Civil Application Nos.179/2010, 180/2010 and 3647/2010 by which the learned Single Judge has allowed the aforesaid Special Civil Applications and has directed the appellants herein original respondents to fill up the vacancies of Marathi Medium Vidyasahayaks notified for Scheduled Tribe candidates both for PTC (General Stream) and PTC (Science Stream) as notified in the advertisement dated 21.12.2009 by appointing the original writ applicants, who were Marathi Medium SEBC category candidates of the PTC (General Stream) on the ground that as there are no candidates of the Scheduled Tribes (Marathi Medium) PTC available, the original respondent No.3 Surat Nagar Prathmik Shikshan Samiti through its Administrative Officer has preferred the present Letters Patent Appeals under Clause 15 of the Letters Patent.

(3.) Shri Kaushal Pandya, learned Advocate appearing on behalf of the common appellant has made number of submissions assailing the impugned judgment and order passed by the learned Single Judge. He has submitted that as such while passing the impugned judgment and orders the learned Single Judge has not assigned any reasons whatsoever more particularly while dealing with the affidavit in reply filed on behalf of the original respondents. It is further submitted that merely because a post of Marathi Medium Vidya Sahayak remained vacant due to nonavailability of the required candidates in a particular category more particularly reserved category, the same cannot be ordered to be filled-in by the candidate belonging to other category unless the seats reserved for particular category are de-reserved due to non-availablity of the candidate belonging to a particular reserved category and unless the same is converted into either general category or any other reserved category. It is further submitted that even the case on behalf of the appellant herein so stated in the affidavit in reply before the learned Single Judge that the vacancies of the Marathi Medium Vidya Sahayak as such were notified for the Scheduled Tribe candidates while following the reservation policy and that the vacancies in question were not meant for the Marathi Medium SEBC candidates and therefore, the original petitioners who are Marathi Medium SEBC category candidates are not required to be appointed on the posts which were reserved for the Scheduled Tribe candidates. It is submitted that as per the policy, if the reserved category candidates are not available, in that case the same is required to be carried forward. It is submitted that none of the above submission / contentions have been dealt with and/or considered by the learned Single Judge while passing the impugned judgment and orders. It is submitted that as such the impugned judgment and orders passed by the learned Single Judge is a nonspeaking order and no reasons whatsoever have been assigned.