wp.3553.01
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 3553/2001
* C.P. & Berar Education Society
A registered Trust
Through its Secretary
hri Ashok Balwantrao Bansod
having its office at Tulsibagh Road
Mahal, Nagpur. ..PETITIONER.
VERSUS
1) The State of Maharashtra
Maharashtra: Through the Secretary
Ministry of School Education
Mantralaya, Mumbai-32
2) The Director of School Education
Directorate of Education
Dr.Babasaheb Ambedkar Road,
Central Building, Civil Lines, Pune.
3) The Deputy Director of Education
Nagpur Region, having its office
Near Morris College, Nagpur.
4) The Education Officer (Secondary)
Zilla Parishad, Nagpur. ..RESPONDENTS
.
...................................................................................................................
Mr. A.D. Mohgaonkar, Advocate for the petitioner
Mr. N.S. Rao, Assistant Government Pleader for respondent
No.1
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wp.3553.01
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CORAM : R.K. DESHPANDE &
MRS.SWAPNA JOSHI, JJ.
DATED : 1 st
August, 2017
ORAL JUDGMENT: (Per R.K.DESHPANDE, J.)
Challenge in this petition is to the order dated 6.9.2001 passed by the Eduction Officer (Secondary), Zilla Parishad, Nagpur directing the petitioner-society to appoint the candidates belonging to reserved category in the posts of Headmasters and Assistant Headmaster. It is not in dispute that the petitioner-society runs two schools and there is only one post of Assistant Headmaster and two posts are of Headmasters.
2. The Full Bench of this Court in the case of New English High School Association and another vs. Baldev Fakira Ade and another, reported in 2006 (6) Mh.L.J.882, it is held 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. It holds that the application of the reservation policy would depend upon the number of posts in the cadre and the percentage of reservation. It holds that 50- ::: Uploaded on - 02/08/2017 ::: Downloaded on - 06/08/2017 00:28:53 :::
wp.3553.01 3 point roster can be made applicable only when the applicability thereof would not result in implementing the reservation policy in excess of the percentage statutorily prescribed for the reserved category candidates.
3. In view of the aforesaid law laid down by this Court, the order impugned cannot be sustained.
4. In the result, the Writ Petition is allowed. The order dated 6.9.2001 passed by the Education Officer (Secondary) Zilla Parishad, Nagpur, is hereby quashed and set aside.
5. Rule is made absolute in the aforesaid terms. No order as to costs.
JUDGE JUDGE
sahare
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