IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6645 OF 2007 WRIT PETITION NO. 6645 OF 2007 WRIT PETITION NO. 6645 OF 2007 Shri Suresh Pandurang Patil ...Petitioner V/s. The State of Maharashtra & Ors. ...Respondents Mr.N.V. Bandiwadekar for the Petitioner. Mr.A.H. Palekar, AGP for the Respondents. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. V.M. KANADE, JJ. V.M. KANADE, JJ. DATED : JANUARY 10, 2008 DATED : JANUARY 10, 2008 DATED : JANUARY 10, 2008 P.C. :- P.C. :- P.C. :- 1. Rule. Rule made returnable forthwith. Heard finally by consent of parties. 2. The petitioner challenges the communication of the Education Officer dated 22nd May, 2006 directing the School to fill in the vacant post of Head Master by promoting the person from the reserved category. Admittedly, there are only two posts of Head Master. Admittedly, only 24% of the posts are permitted to be reserved by the Rules. Obviously, therefore, none of the two posts can be reserved. The direction issued by the Education Officer for reservation of one of the posts for backward class is, therefore, obviously - 2 - contrary to law. It is liable to be set aside. It is, accordingly, set aside. 3. Rule is made absolute in terms of prayer clause (b). No order as to costs. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)