( 1 ) HEARD Mr. Anturkar with Mr. Deshmukh the learned Counsel for the petitioner.

( 2 ) RULE. Mr. Niranjan Pandit, the learned a. G. P. waives service for respondent Nos. 1 to 3. By consent of the parties, the Rule is made returnable forthwith and the petition is heard finally.

( 3 ) THIS petition filed under Article 226 of the Constitution impugns the decision of the maharashtra Administrative Tribunal mumbai-Bench in O. A. No. 653 of 2004 which was filed by the petitioner and the O. A. came to be dismissed by the Division Bench of the Tribunal on 23/2/2006.

( 4 ) THE factual matrix, leading to this petition, could be briefly stated as under: in the year 2001 the respondent No. 2 had invited applications for various gazetted posts, including the posts of Deputy Superintendent of police and Sales Tax Officer etc. For the post of Dy. S. P. 13 posts (10 from open category and 3 from reserved category)and for the post of STO 42 posts (21 from open category and 21 from reserved category)were advertised by Notification No. 1477 (2) / 2001/3 of the main entrance exam. The petitioner belongs to the Dhangar community, which is notified as NT-C category as per the notification dated 25/5/1

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