Judgment : A.S. Chandurkar, J. 1. Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel appearing for the parties. 2. The issue raised in the present Writ Petition is whether the bar under provisions of Section 4(1) of the Maharashtra State Public Services Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category and Other Backward Classes Act, 2001 (for short “the Act of 2001”) to fill in a post reserved for a particular reserved category by appointing a candidate from some other category would apply to a case governed by provisions of Rule 9(9)(a) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short “the Rules of 1981”). 3. The petitioner who has obtained the qualification of H.S.S.C. D.Ed. and who belongs to Scheduled Caste had applied for the post of Shikshak Sevak pursuant to advertisement issued in that regard by the respondents 3 and 4. According to the said advertisement, one post of Shikshak Sevak was reserved for Scheduled Tribe category. Pursuant to the petitioner's application, he was duly interviewed and there after was issued an order of appointment dated 10th February 2010. Thereafter the proposal seeking approval to his appointment was forwarded by respondents 3 and 4 to the respondent no. 2. By communication dated 31st March 2011 it was informed by the respondent no.2 that as the appointment of the petitioner was made against the post reserved for Scheduled Tribe candidates, approval to his appointment could not be granted. The respondents no. 3 and 4 thereafter again sought approval to the appointment of the petitioner. However, by communication dated 31st March 2012 the said request was rejected on the ground that his appointment was made on a post reserved for Scheduled Tribe candidate and as there was a backlog of Scheduled Tribe candidates. The communications dated 31st March 2011 and 31st March 2012 issued by the respondent no.2 refusing to grant approval to the petitioner's appointment are the subject matter of challenge in the present Writ Petition. 4. Shri A. S. Kilor, the learned counsel for the petitioner has submitted that pursuant to the advertisement issued by the Management the petitioner had sought appointment as he was duly qualified. 4. Shri A. S. Kilor, the learned counsel for the petitioner has submitted that pursuant to the advertisement issued by the Management the petitioner had sought appointment as he was duly qualified. It is submitted that necessary requisition was made with the District Employment and Self Employment Guidance Center Akola and said Centre forwarded names of four candidates belonging to Scheduled Tribe category. However, on the date of the interview no candidate belonging to the Scheduled Tribe category appeared and hence after following the due procedure petitioner was issued the order of appointment. It was submitted that the petitioner belongs to Scheduled Caste Category and hence in terms of the provisions of Rule 9(9)(a) of the Rules of 1981 as no candidate belonging to the Scheduled Tribe category was available, the petitioner who was otherwise qualified and who belonged to the Scheduled Caste category was duly appointed. It was, therefore, submitted that there was no justifiable reason on the part of the respondent no. 2 to refuse to grant approval and in view of provisions of Rule 9(9)(a) of the Rules of 1981, necessary approval was required to be granted to the appointment of the petitioner. 5. Shri H. D. Dubey, learned Assistant Government Pleader appearing for respondents 1 and 2 has submitted that the respondent no. 2 was justified in refusing to grant approval to the appointment of the petitioner. Relying upon the provisions of Section 4 of the Act of 2001 it was submitted that as the post in question was reserved for candidates belonging to Scheduled Tribe category, the petitioner who belonged to Scheduled Caste category could not have been appointed on said post. It was further submitted that in view of the provisions of Section 4 of the Act of 2001 the petitioner was not entitled to claim benefit of Rule 9(9)(a) of the Rules of 1981. Insofar as respondents no. 3 and 4 are concerned it has been submitted by Shri S. S. Shingane, the learned counsel appearing for them that the appointment of the petitioner was made in accordance with law. As the due procedure was followed, the approval to the petitioner's appointment could not have been rejected. 6. Insofar as respondents no. 3 and 4 are concerned it has been submitted by Shri S. S. Shingane, the learned counsel appearing for them that the appointment of the petitioner was made in accordance with law. As the due procedure was followed, the approval to the petitioner's appointment could not have been rejected. 6. The provisions of Rule 9 of the Rules 1981 prescribe the manner in which staff is to be appointed in a school governed by the provisions of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977 (hereinafter referred to as “the Act of 1977”). Under Rule 9(8) of the Rules of 1981 besides issuing advertisement in the newspaper, names of the qualified candidates are required to be requisitioned from the Employment Exchange or such other Association or Organization formed for said purpose. Under Rule 9(9)(a) if it is not possible to fill in the teaching post for which a vacancy is reserved for a person belonging to a particular category of Backward Classes, the post could be filled in by selecting the candidate from the other remaining categories in the order specified in sub rule (7) of Rule 9 of the Rules of 1981. Rule 9(9)(a) reads as under: “In case it is not possible to fill in the teaching post for which a vacancy is reserved for a person belonging to a particular category of Backward Classes, the post may be filled in by selecting a candidate from the other remaining categories in the order specified in sub-rule (7) and if no person from any of the categories is available, the post may be filled in temporarily or an year-to-year basis by a candidate not belonging to the Backward Classes.” Insofar as Section 4 of the Act of 2001 is concerned it prescribes that unless otherwise provided by order under the said Act, the posts reserved for a particular backward class shall not be filled in by candidates not belonging to that caste, tribe, category or class for which said post is reserved. Section 4(1) reads as under: “4. Section 4(1) reads as under: “4. (1) Unless otherwise provided by or under this Act, the posts reserved for the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category and other Backward Classes shall not be filled in by the candidates not belonging to that caste, tribe, category or class for which the posts are reserved.” According to respondent no. 2 in view of provisions of Section 4(1) of the Act of 2001 it was not permissible for the respondent Nos. 3 and 4 Management to fill in a post reserved for Scheduled Tribe category for appointing the petitioner who belonged to Scheduled Caste category. 7. While considering the aforesaid submission made on behalf of respondent no. 2 in relation to provisions of Section 4(1) of the Act of 2001, the said provisions cannot be read in isolation. The enactment as a whole will have to be taken into account. The provisions of Section 6(1) of the Act of 2001 being relevant are reproduced as under: “6. (1) If in respect of any recruitment year, any vacancy reserved for any category of persons under sub-section (2) of section 4 remains unfilled, such vacancy shall be carried forward upto five years in case of direct recruitment and three years in case of promotion: Provided that, on the date of commencement of this Act, if any Government order regarding filling up the posts, in case of non availability of Backward Class candidates are in force, such Government orders shall continue to be in force unless modified or revoked, by Government.” The proviso to Section 6(1) of the Act of 2001 lays down that if on the date of commencement of the Act of 2001 i. e. 29.01.2004 any Government order regarding filling up the posts in case of non-availability of Backward Class candidates are in force, such Government orders shall continue to be in force unless modified or revoked by the Government. Further Section 14 of the Act of 2001 prescribes that the provisions of said Act would be in addition to and not in derogation of the provisions contained in any other Act, for the time being in force. It is not in dispute that the Rules of 1981 have come into effect from 16th July 1981. Further Section 14 of the Act of 2001 prescribes that the provisions of said Act would be in addition to and not in derogation of the provisions contained in any other Act, for the time being in force. It is not in dispute that the Rules of 1981 have come into effect from 16th July 1981. Rule 9(9)(a) of the Rules of 1981 prescribes the specific manner in which the vacancy of teaching post when reserved for a person belonging to a particular category of Backward Classes is to be filled in when a candidate belonging to such category for whom the vacancy is reserved is not available. 8. The object behind enacting the Act of 2001 is to provide for the reservation of vacancies in public services and posts in favour of persons belonging to the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category and Other Backward Classes of citizens. The constitutional right of reservation is thus sought to be implemented by providing for reservation in various public services. On reading of the Act of 2001 as a whole, it is clear that Section 4(1) does not permit posts reserved for a particular category to be filled in by candidates not belonging to such category. However, the same is subject to the exception as provided by the proviso to Section 6(1) of the Act of 2001 namely that if on the date of commencement of the Act of 2001 any Government order regarding filling up the posts in case of non-availability of Backward Class candidates are in force, the same shall continue to be in force unless modified or revoked by the Government. Further in view of provisions of Section 14 of the Act of 2001 the provisions of the Act of 2001 are in addition to and not in derogation of the provisions contained in any other Act for the time being in force. Thus it is clear that if there is any other Government order with regard to filling up the posts in case of non-availability of backward class candidates on the date of commencement of the Act of 2001, the same shall continue to be in force unless modified or revoked. 9. Thus it is clear that if there is any other Government order with regard to filling up the posts in case of non-availability of backward class candidates on the date of commencement of the Act of 2001, the same shall continue to be in force unless modified or revoked. 9. In so far as the Act of 1977 is concerned, Section 5 thereof casts an obligation on a Management of a private school to fill in every permanent vacancy in the manner prescribed. Rule 9 of the Rules of 1981 deals with the manner of appointment of staff and Rule 9(9) deals with the manner in which a teaching post which is reserved for Backward Classes is to be filled in. Thus, while the object of the Act of 2001 is to provide for reservation of vacancies in public services, Rule 9(9) prescribes the manner in which a reserved vacancy is to be filled in. It would therefore be necessary to harmoniously construe provisions of the Act of 2001 and the Rules of 1981 so that the object sought to be achieved by the Act of 2001 is not defeated and the manner in which such reserved vacancy is to be filled in as prescribed by Rule 9(9)(a) is not violated. A purposive construction of said provisions is therefore necessary. 10. Thus viewed, the proviso to Section 6(1) of the Act of 2001 provides the answer to the issue as raised in the writ petition. While Section 6(1) of the Act of 2001 permits carrying forward of a reserved vacancy, the proviso thereto permits continuation of Government orders that are in force, regarding filling up of reserved vacancies till such Government orders are revoked or modified. As the provisions of Rule 9(9)(a) of the Rules of 1981 continue to hold the field and same were in force even prior to the Act of 2001 coming into force, in matters relating to appointment of teaching staff for the vacancy reserved for a person belonging to particular category of backward class, it would be permissible to fill in said post if the candidate belonging to category of backward class for which vacancy is reserved is not available by selecting a candidate from other remaining categories in the order specified in Sub Rule (7) of Rule 9. Hence in view of a specific provision namely Rule 9(9)(a) of the Rules of 1981 being in force even today, the same would continue to operate unless modified or revoked by the Government as prescribed by the proviso to Section 6(1) of the Act of 2001. The provisions of the Act of 2001 being in addition to and not in derogation of the provisions contained in other Act for the time being in force, full effect will have to be given to the provisions of Rule 9(9)(a) of the Rules of 1981. It cannot be doubted that the Rules of 1981 that have been framed by the State of Maharashtra pursuant to provisions of Section 16 of the Act of 1977, would have to be put on a higher pedestal than a Government order as contemplated by proviso to Section 6(1) of the Act of 2001. 11. For the reasons aforestated it is clear that the impugned communications refusing to grant approval to the petitioner's appointment on the ground that though the post in question was reserved for Scheduled Tribe candidates, the same was filled in by appointing the petitioner who belongs to the Scheduled Caste category cannot be sustained. Hence the following order: The impugned communications dated 31st March 2011 and 31st March 2012 are set aside. The respondent no. 2 is directed to grant approval to the appointment of the petitioner on the post of Shikshak Sevak with effect from 10th February 2010. However, it is clarified that the further appointment insofar as the post reserved for the candidate of Scheduled Caste is concerned, the same shall be filled in by the candidate belonging to the Scheduled Tribe category by interchanging reservation in that respect. The action insofar as grant of approval be taken within four weeks and the arrears of salary if any, be paid to the petitioner within a period of three months. Rule is partly made absolute as above with no order as to costs.