JUDGMENT : 1. This petition challenges the order dated 03.02.2004 passed by the Inspector, Vocational Education and Training, Nagpur, refusing to grant approval to the appointment of the petitioner as Instructor/Assistant Teacher in the MCVC course run by respondent No.3 on the ground that there existed backlog of Scheduled Caste, Scheduled Tribe, Vimukta Jatis/Nomadic Tribes and Other Backward Class categories as on 30.12.2002. The petitioner being from open category, the approval has been refused. 2. It is not in dispute that the petitioner was duly qualified for being appointed as a full time teacher in MCVC Course. The management asked for the permission of the Deputy Director of Vocational Education and Training to fill in the post which became vacant as a result of resignation of one Shri V.R.Ingle and that was granted by communication dated 27.10.1998. The permission granted states that the appointment should be made as per the roster point. The management issued advertisement on 27.11.1999 inviting applications for one post of full time Instructor from open category. The petitioner was selected and appointed on the post by an order dated 07.12.1999, which has not been placed on record. On 04.10.2000, approval was granted by the Respondent No. 2-Deputy Director to the appointment of the petitioner for a period of one session i.e. 1999-2000. Thereafter also, the approval was continued on year to year basis by separate orders dated 02.03.2001 and 05.10.2001. The petitioner was thereafter issued an order of appointment dated 17.06.2002 as full time Instructor with effect from the said date until further orders. 3. It appears from the communication dated 23.09.2002 addressed by the Principal of the Junior College run by the respondent No.3 to the Deputy Director of Vocational Education and Training that there was a ban on recruitment imposed on 17.06.2000 by the State Government. The petitioner was continued in service, but ultimately by an order dated 03.02.2004, the approval to the appointment was refused on the ground of existence of backlog of reserve category candidates as on 31.12.2003. 4. The appointment of the petitioner on 07.12.1999 was made after following due procedure and about his eligibility and qualification, there is no dispute. The post on which the petitioner was appointed fell vacant due to resignation of the regular teacher Shri V.R.Ingle. 4. The appointment of the petitioner on 07.12.1999 was made after following due procedure and about his eligibility and qualification, there is no dispute. The post on which the petitioner was appointed fell vacant due to resignation of the regular teacher Shri V.R.Ingle. After going through the return filed by the respondent – Deputy Director of Vocational Education and Training, we find that the reliance is placed upon the backlog calculated as on 31.12.2003 as under; Scheduled Caste 8 Scheduled Tribe 10 Vimukta Jatis (A) 3 Nomadic Tribe (B) 6 Nomadic Tribe (C ) 20 Nomadic Tribe (D) 12 Special Backward Class 11 Other Backward Class 28 The total backlog is of 98 posts in total 543 posts. Obviously, when there was a ban on recruitment with effect from 17.06.2000, the appointments could not have been permitted to be made. 5. What was required to be shown by the respondent No.2 – Deputy Director is that on the date of appointment of the petitioner on 27.11.1999, there existed a backlog of reserved category candidates. This exercise has not been carried out and no material is placed on record in support of the stand that there existed a backlog at the time of appointment of the petitioner. Except this ground, there is no other ground assigned for refusing to grant approval to the appointment of the petitioner. The order impugned cannot, therefore, be sustained. 6. Our attention is also invited to one letter dated 11.12.2002 issued by the Respondent No. 2- Deputy Director of Vocational Education and Training, addressed to the Principal of the College to resubmit the proposal for grant of approval to the appointment of the petitioner along with the roster point approved by the Desk Officer, Backward Cell, Nagpur Division, Nagpur. Accordingly, it was furnished on 23.12.2002 showing the backlog of 2 posts in Nomadic Tribe category and 1 post in Scheduled Tribe Category existing as on 23.12.2002. It was informed by communication dated 23.12.2002 that 20 posts are still lying vacant and the steps shall be taken to fill in the backlog. Accordingly, an undertaking was also furnished on the same date. 7. By virtue of the interim order passed by this Court, the services of the petitioner are protected and he is working continuously on the post from the date of his appointment on 07.12.1999. Accordingly, an undertaking was also furnished on the same date. 7. By virtue of the interim order passed by this Court, the services of the petitioner are protected and he is working continuously on the post from the date of his appointment on 07.12.1999. In the absence of any material placed before us showing that any backlog existed of any specific reserved category as on the date of appointment of the petitioner, the order refusing to grant approval cannot be sustained. It was permissible for the respondent No.2-Deputy Director insisting upon filling of any such backlog in the vacancies to occur subsequently. The impugned order is, therefore, liable to be quashed and set aside. 8. In the result, this writ petition is allowed. The order dated 03.02.2004 passed by the Respondent No.2-Deputy Director of Vocational Education and Training is hereby quashed and set aside. The respondent No.2 – Deputy Director of Vocational Education and Training is directed to grant approval to the appointment of the petitioner as a regular candidate working on the post with effect from 17.06.2002. Rule is made absolute in above terms. No order as to costs.