1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5369 OF 2010 (Keshav Kamlakar Moharil vs. Akola Education Society & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & P.D. KODE, JJ. JULY 22, 2011. Heard finally with consent of Shri Deshpande, learned counsel for the petitioner, Shri Naik, learned counsel for respondent No. 1 and Shri Sonare, learned AGP for respondent No. 2. It is not in dispute that Respondent No. 1 – management runs three Schools and out of them one is Girls School. Thus, post of Head Mistress in Girls School is totally secluded or isolated. Therefore, there are only two posts of Head Masters available on the establishment. In view of the Full Bench judgments of this Court in the case of Asha vs. Dy. Director of Education (Sec.), Nagpur, reported at 2003 (3) Mh. L.J. 1010 and N.E.H.S. Association vs. Baldev, reported at 2006 (6) Mh. L.J. 882, it is apparent that the roster cannot apply to these two posts of Head Masters. The impugned communication which refuses approval to promotion of the petitioner as Head Master on the ground that said 2 post needed to be filled in through reserved candidate is unsustainable. The said communication dated 16.12.2010 is accordingly quashed and set aside. Respondent No. 2 – Education Officer to consider the proposal afresh and take appropriate steps in accordance with law within a period of six weeks after the communication of this order to it. Writ Petition is thus allowed. No order as to costs. JUDGE JUDGE *GS.