C.P.& Berar Education ... vs The State Of Mah.Thr.Its ...
2017 Latest Caselaw 5380 Bom

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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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                                        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-

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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