JAYASHREE L KATARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The petitioner has passed M. B. B. S. examination and also completed diploma in Public Health. Petitioner belongs to notified NT-C category. From the year 1990 upto the year 1994, the "dhanagar" caste came to be included in nt category and continues to be so. The NT category in the year 1994 came to be bifurcated as NT-A, NT-B, NT-C and NT-D. Insofar as petitioner is concerned, she falls in a category of NT-C which carries reservation of 3. 5%. The case of the petitioner is that on 100 pt. roster, there ought to be reservation of 3 to 4 posts out of 100. On 29-3-1997, the respondent-State passed a resolution providing for 100 pt. Roster system to be made applicable to direct recruitment and 50 pt. roster system for the purpose of promotions. The G. R. also provided that the backlog, if any, for direct appointments should be considered while implementing the said G. R.

(3.) It is the case of the petitioner that between the year 1994 to 1998, 97+3 posts of Deputy Collectors were notified. If 100 Pt. Roster system was applied then 3 posts should have been allotted to NT-C category. However, only two posts came to be allotted to NT-C category. Similarly the petitioner had applied for post of Tahsildar as also Sales Tax Officer. In the examination conducted, it is the case of the petitioners that she stood 5th in the merit list in NT-C category and first in the women category belonging to NT-C category and as such if the 100 point roster system is implemented as per Government Resolution dated 29th march, 1997, she was certainly entitled to one of the posts of Deputy Collector or tahsildar or Sales Tax Officer. On account of the incorrect and wrong implementation of the 100 point roster system, less number of posts came to be allotted to NT-C for the year 1998 and as such the petitioner was not getting the post of her choice for which she was entitled to.