1 7caw1156.2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. CIVIL APPLICATION (CAW) NO 1156 OF 2025 IN WRIT PETITION NO. 953 OF 2017 (Bharatiya Buddha Dhama Dnyan Vidyalaya, Nagpur and others Vs. The State of Maharashtra and ors) __________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders __________________________________________________________________________________________ Mr. N.A. Gaikwad, Advocate for applicants/petitioners. Mr. A.V. Palshikar, AGP for respondent nos 1 to 3/State. CORAM : ANIL L. PANSARE & RAJNISH R. VYAS,JJ. DATED : 07-07-2026. Heard. 2. For the reasons stated, the application for early hearing is allowed and disposed of. WRIT PETITION NO. 953 OF 2017 We were inclined to hear the petition today itself and accordingly, have gone through the impugned order. 2. We find that the respondents have refused ‘No Objection Certificate’ (NOC) to fill in the post of Clerk and Peon, on the ground that since, both the posts are single isolated posts, none of the posts can be said to be vacant in the 50% quota limit. 3. The argument is that while applying the 50% quota limit, the respondents ought to have considered that where there is single isolated post, 50% quota limit cannot be applied. Thus, according to him, respondent no. 3 has committed an apparent error while applying 50% quota limit. Belkhede 2 7caw1156.2025.doc 4. In response, the learned AGP has invited our attention to communication dated 27.6.2016, issued by Director of Education to Joint Director stating therein that in terms of the policy of 2015, for filling in the posts under 50% quota limit, the minimum vacant posts should be 2 posts and if, there are 2 to 3 vacant posts, out of these, only one post can be filled by the minority institute of its own choice under 50% quota and where the vacant seats are 4 or 5, the permissible appointment to the posts under 50% quota limit is 2 posts. Thus, it appears that fraction has been reduced down while issuing NOC for filing the posts. 5. This communication has been not challenged by the petitioner and upon query made, on this count, he seeks time to prepare himself. When further inquired as to how the petitioners’ institution is working without filling in the posts of Clerk and Peon, the learned counsel submits that both the posts were filled in the year 2013. Thus, it appears that without seeking NOC, the petitioner has filled in the posts. 6. We would like to know from the petitioner under what authority, this course has been adopted because if NOC is to be obtained, the normal rule would be to obtain NOC first and then to fill in the posts. The petitioner, however, has done it otherwise. 7. The learned counsel seeks time to make submissions on this point, as well. Time granted. 8. List the petition in the next week. (RAJNISH R. VYAS, J) (ANIL L. PANSARE, J) Belkhede