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Judgment
S.A. Bobde, J.—Rule returnable forthwith. Heard by consent.
The petitioner has challenged the order dated 7.1.2010 passed by the Education Officer, requiring the management to fill in the post of Head Master on the basis of reservation.
The respondent No. 2 is running two schools namely Jeevan Shikshan Vidyalaya, Unt Khana, Nagpur and Jeevan Shikshan Vidyalaya, Parwati Nagar, Nagpur. Said schools are admitted to 100% grants from the state government. Each school has one Headmaster. Thus the cadre of Headmaster bears only two posts.
By the impugned order on 7.1.2010 the Education Officer issued a letter to the management - respondent No. 2 stating that the petitioner is granted administrative and financial powers temporary so that the management of the school is saved from financial and administrative difficulties. The Education Officer has however, asked the respondent No. 2 to fill up the post as per reservation. Powers of the petitioner have been restricted only for the period from 1.11.2009 to 31.1.2010. Petitioner has thus challenged the directions of the Education Officer.
Shri Shelat, learned Counsel for the petitioner has relied on the judgment delivered by the Full Bench of this Court reported in New English High School Association and Another Vs. Baldev Ade and Another, , wherein this Court has held as under:
28 - The fall out of the above discussion is that in case the cadre consists of three or less number of posts and the total percentage of reservation is 24%, there cannot be any reservation in such a case and it would be only in case of four posts that one of those will have to be filled in by the reserved category candidate. The applicability of the reservation policy would depend upon the number of posts in a cadre and the percentage of reservation. The 50 point roster can be made applicable only when the applicability thereof would not result in implementation of reservation policy in excess of the percentage statutorily prescribed for the reserved category candidates.
Thus the impugned letter of the Education Officer is contrary to law since it calls upon the respondent - management to apply principle of reservation even though the number of posts are only 2 and the permissible percentage for reservation is 33%. Hence the petition is allowed. Rule is made absolute in the above terms.