1 wp-8397-11.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8397 OF 2011 Abhinav Shetkari Shikshan Mandal at Goddeo & anr..... Petitioners vs The State of Maharashtra & anr. .... Respondents Mr. N.V. Bandiwadekar for the petitioners. Mr. C.R. Sonawane, AGP for respondents/State. CORAM: D. K. DESHMUKH & ANOOP V. MOHTA, JJ. DATE : December 13, 2011 P.C.: Rule, returnable forthwith. Heard finally by consent of parties. 2 The Petitioners, by this Petition, challenge the order of the Education Officer declining to approve the appointment of Petitioner No.2 as Head Master of a private school governed by the provisions of the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act 1977, on the ground that the post should have been reserved for a candidate belonging to a backward class. Admittedly, 2 wp-8397-11.sxw there are only two schools run by Petitioner No.1-management and, therefore, in view of judgment of this Court dated 14.10.2010 in the case of Balmohan Vidyamandir Vishwast Mandal, Mumbai vs. State of Maharashtra, Writ Petition (Lodging) No.2286/2010, as there are only two posts reserved provided under the MEPS Rules for backward class being only 33%, one of the two posts cannot be reserved. In this view of the matter, therefore, the order of the Education Officer challenged in the Petition, declining to grant approval to the appointment of Petitioner No.2 is set aside. The Education Officer is directed to re-consider the application of the Petitioner for grant of approval and communicate his decision to the Management as expeditiously as possible and in any case within a period of four weeks. 3 Rule is made absolute accordingly. There shall be no order as to costs. (ANOOP V. MOHTA, J.) (D. K. DESHMUKH,J.)