JUDGMENT - H.H. KANTHARIA, J.:---In this writ petition, under Article 226 of the Constitution, the petitioner has challenged the order of his reversion. 2. Having passed his B.Sc. (Agriculture) examination, the petitioner appeared for competitive examination held by the Maharashtra Public Service Commission for the post of Assistant in the services of the Maharashtra Government. He came out successfully in the said examination and consequently joined the post of Assistant on February 15, 1971 in the Agriculture and Co-operation Department. It is his case that he was deliberately failed in the examinations for the promotion to the post of Superintendent by officers belonging to high caste because he belonged to Scheduled Caste However, on the last chance, he qualified himself for the promotion and ultimately promoted to the post of Superintendent by an order dated November 7, 1984. Thereafter, according to him, unfortunately he had to work for two years under one Z. Mullim who was under the influence of high caste people and, therefore, harassed him and spolied his confidential reports on account of which by order dated October 9, 1987 he was reverted to the post of Assistant The grievance of the petitioner is that he was not given any opportunity to explain nor given any show cause notice about the proposed action of reversion which, according to him, was a punishment that could not hove been in flitted on him with it being heard. 3. The petition is resisted by and on behalf of the Government of Maharashtra Shashikant Purushottam Chitale, Assistant Secretary to the Government in the department of Agriculture and Co-operation, filed returns. The affidavit shows that as per the Maharashtra Government Subordinate Secretariat Services (Superintendent) Departmental Examination Rules, 1977 every member of the upper division of the subordinate service has to appear for the examination) and for being eligible to appear for the said examination, the candidate must have passed the Post Recruitment Training Examination prescribed for the post of Assistant and must have also completed five years of continuous service as Assistant. Every Assistant is required to pass this examination within nine years of his continuous service as Assistant within three chances. In case the Assistant belongs to Scheduled Caste/Scheduled Tribe/Denotified Tribe/Nomadic Tribe, he is allowed to pass the examination within ten years of his continuous service as Assistant and within four chances. Every Assistant is required to pass this examination within nine years of his continuous service as Assistant within three chances. In case the Assistant belongs to Scheduled Caste/Scheduled Tribe/Denotified Tribe/Nomadic Tribe, he is allowed to pass the examination within ten years of his continuous service as Assistant and within four chances. Further, the Assistant who fails to pass the examination within the prescribed period and chances loses the seniority for the purpose of promotion to the post of Superintendent and the Assistants who pass the examination before him and who were junior to him will be placed above him. The petitioner had passed the examination after this prescribed period and chances, it was further averred by Shashikant Chitale, and thus the petitioner had lost his seniority for the purpose of promotion to the post of Superintendent. However, since the belonged to Scheduled Caste and he passed the examination on the last and fourth chance he was temporally promoted to the post of Superintendent in which post he had no vested right to continue and could be reverted before regularisation if his work was not found satisfactory. The allegation of in petitioner that he was harassed and deliberately failed in the examinations and his confidential were spoiled because he belonged to Scheduled Caste were unfounded, according to Shashikant Chitale. It was further averred in his affidavit that the confidential of the petitioner were written by different officers at different times and the allegations against Mullim were unfounded. It was canvassed that the contention of the petitioner that his reversion amounted to punishment was with it any basis. It was further contended that adverse remarks were communicated to the petitioner but no representation had been received from him against the as adverse remarks. 4. Mr. Mane, learned Advocate appearing on behalf of the petitioner, urged in support of this petition that the petitioner was deliberately harassed and his confidential were spoiled and was punished as and by way of reversion merely because he belonged to Scheduled Caste and that Scheduled Caste persons are entitled to sympathetic attitude by their superiors. On the other hand, on behalf of the Government, Mr. On the other hand, on behalf of the Government, Mr. Lokur submitted that although the petitioner did not pass the requisite examination he was shown sympathy as he belonged to Scheduled Caste and was temporarily promoted but thereafter his confidential for the last three years which were written by different officers were so unsatisfactory that he could not be retained in the promotional post and has to be reverted. Mr. Lokur also submitted that no material is produced by the petitioner to show that he was harassed and punished because he belonged to Scheduled Caste. 5. I am unable to persuade myself to agree with any of the submissions of Mr. Mane as the record show that despite giving opportunities the petitioner could not pass the requisite examination and even when he was temporarily promoted to the post of Superintendent he could not discharge his duties to the satisfaction of his superiors. It would be quite relevant to in corporate here the confidential reports of the last three years which were communicated to the petitioner. Thus, for the year 1984.86 the confidential report of the petitioner reads as under :--- "No aptitude to study any subject before submitting any case. No capacity to study any problem with if pros and cons. Does not attend office till 10.15 a.m. to 10.30 a.m. Remains on leave minimum three days in a month" "Necessary to put hard work and grasp the work." Confidential for the year 1985-86 read as under:--- "Has no inclination to read and study any case minutely. Tendency to submit references and cases in a superficial manner, Does not submit I even time limit cases in time." "Has more interest in work other then office work." Confidential for the year 1986-87 are:--- "Remains absent without prior permission. Attends office late everyday Does not obey the orders, Accumulates work Does not take interest in work and responsibility. An inefficient and in active person. Headache to Officers." "This Section Officer is a burden to Department and in turn to Government." 6. These confidential reports of the petitioner for the last three successive years were communicated to him and the record does not it show that he had made any representation in that behalf. Therefore, the confidential reports made against him go unchallenged and that being so, in my opinion, the petitioner does not deserve promotion. These confidential reports of the petitioner for the last three successive years were communicated to him and the record does not it show that he had made any representation in that behalf. Therefore, the confidential reports made against him go unchallenged and that being so, in my opinion, the petitioner does not deserve promotion. He was temporarily promoted and it was for him to show the merits and prove his abilities and deserve promotion but he proved himself to be the roughly useless officer and, therefore, there was nothing wrong in reverting him by the impugned order. 7. Although the petitioner attempted to make out a case that he was harassed, punished and reverted by the high caste officers only because he belonged to Scheduled Caste, he produced no material whatsoever on the record to substantiate his allegations. He did mention that one Mullim under whom he was working and who was under the influence of high caste people unnecessarily and deliberately harassed him but it is important to note that his confidential were not written by Mullim alone but by different officers at different times. 8. I find no substance in the argument of Mr. Mane that the petitioner could not have been punished by the order of reversion without giving him an opportunity of being heard for the simple reason that the order of reversion does not amount to punishment. The Maharashtra Civil Services (Disciplinary and Appeal) Rules. 1979 and in particular Part III. Rule 5(iv) clearly shows that reversion doss not amount to a penalty. It reads : "The following shall not amount to a penalty within the meaning of rule 5 :--- Explanation (iv)-Reversion of a Government Servant officiating in a higher grade or post to a lower service, grade or post, on the ground that he is considered to be unsuitable for such higher service, grade or post or on any administrative ground unconnected with his conduct." And it also not correct that before the petitioner was reverted he was not given on opportunity to explain as the confidential on the basis of which he was reverted were communicated to him but the record does not show that he had made any representation in that behalf. 9. There is quite some substance in the argument of Mr. 9. There is quite some substance in the argument of Mr. Mane that a person belonging to Scheduled Castes has to be sympathised with in the matter of appointment and promotion but in this case I do not find that the petitioner was not shown that sympathy. He was temporarily promoted to the post of Superintendent but he by his acts of omissions and commissions created voluminous adverse reports against him. In view of such bad confidentials which he earned against himself, he did not deserve to be retained in the promoted post. I do not sea any injustice done to him. I, therefore, find no infirmity in the Impugned order either on facts or in law. 10. In the result, the petition fails and the same stands rejected. Rule is accordingly discharged but with no order as to costs. Rule discharged. -----