JUDGMENT

V.S. SIRPURKAR, J.

1. Leave granted.

2. The judgment of the Bombay High Court dismissing the writ petition filed by the appellant herein as also the subsequent order dismissing the review petition are challenged in this appeal.

3. Appellant herein came to be appointed by Leva Education Union, Leva Boarding Zilla Peth, Jalgaon, hereinafter called the “Management” in Nandinibai Vamanrao Girls High School, Jalgaon w.e.f. 1.1.2001 vide letter dated 30.12.2000. The appellant belongs to the “Other Backward Class” (OBC) category. He was a science graduate and had worked as a clerk in a private bank. He applied to an advertisement issued by respondent no. 3 dated 23.12.2000 inviting applications for the post of Junior Clerk. Significantly, this post had become vacant since the earlier employee working on this post was promoted. That promotion was given due to the superannuation of a Chief Clerk. With the result, Shri S.S. Gangapurkar was promoted as a Chief Clerk and so also Shri V.B. Patil who was the junior most employee was promoted as a Junior Clerk w.e.f. 1.11.2000. It was, therefore, that the post had fallen vacant. It was thus a clear vacancy. The advertisement clarified that