- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3199 OF 2007 ... Shri Ganpat Vishram Thombare ...Petitioner v/s. The State of Maharashtra & ors. ...Respondents ... Mr.N.V.Bandiwadekar for the Petitioner. Mr.A.H.Patel, AGP for State. CORAM: D.K.DESHMUKH & V.M.KANADE, JJ. DATED: 9TH JANUARY, 2008 P.C.: Rule. Returnable forthwith. Heard finally by consent of parties. - 2 - 2. By the order impugned the Education Officer has declined to approve the appointment of the Petitioner because according to the Education Officer post should have been reserved for backward class. Admitted position is that there are two posts of peon. Percentage of reservation is only 34% and therefore, in view of the judgment of this Court in the case of Nishad Sadashiv Pawar & ors. v/s. Dnyanasadhana College in Writ Petition No.3680 of 2004 decided on 25-2-2005, there could not have been any reservation made. As the reservation cannot be made, as the percentage of reservation is only 34%, the Education Officer was not justified in declining to approve the appointment of the Petitioner as a peon. 3. Rule is therefore made absolute in terms of prayer clauses (b) & (c). Petition disposed of. (D.K.DESHMUKH, J.) (V.M.KANADE, J.)