one Peon. The perusal of the copy of advertisement placed on record at Exhibit 'B' clearly shows that the advertisement states that the Management-Institute is desirous to fill-up the posts from the reserved category candidates. It is stated that as there is a backlog, the Management-Institute is interested to filling these posts and priority would be given to the posts vacant in the Scheduled Tribes category. The learned Counsel Mr. Sawant submitted that the petitioner was having the requisite qualification such as a degree at his credit namely, B.Sc. from North Maharashtra University, Jalgaon. The learned Counsel Mr. Sawant also invited our attention to the roster point availability approved by the Assistant Commissioner. The document is placed on record at Exhibit - 'F', which states that with the Institute, there are as many as 6 posts vacancy is available. This is a backlog of one post available to the candidate belonging to Scheduled Caste, 4 posts for the Scheduled Tribes category and one post for the Special Reservation. The learned Counsel Mr. Sawant submitted that in view of this document which was annexed to the proposal submitted by the Institute, the grounds No. 1, 2 and 3 raised in the rejection order are clear and unsustainable. Mr. Sawant then submitted that even the ground raised in the order that in spite of availability of the surplus teachers, the Institute failed to absorb these surplus teachers
