1 ` IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7445 OF 2010 Jayant Bhagwant Deshpande .. Petitioner V/s The Education Officer, Solapur & Ors. .. Respondents Mr.S.S.Aradhye for the Petitioner. Ms.S.S.Bhende, AGP for Respondent Nos.1, 2 and 4. Mr.A.A.Joshi for Respondent No.3. Mr.Sunil Dighe for Respondent No.5. CORAM: D.K.DESHMUKH & N.D.DESHPANDE, JJ. DATE: 22nd October, 2010. P.C.: 1. Rule. Rule is made returnable forthwith. Heard finally by consent of the parties. By this petition the petitioner challenges order dated 2.9.2010 passed by the Education Officer declining to approve the promotion of the petitioner to the post of Head Master. 2. The admitted position is that the petitioner has been promoted to the post of Head Master of the recognised private school. It is also an admitted position that there are only two schools run by the Management. Therefore, there are only two posts of the Head 2 Master. Law is settled because of the judgment of the Full Bench of this Court in the case of New English High School Association V/s.Baldev – 2006 (6) Mh.L.J.882, considering that the reservation provided by the Act is 33%, if there are only two posts in one Management, the reservation for backward classes does not apply. 3. In this view of the matter, the order impugned in this petition will have to be set aside. It is accordingly set aside. Education Officer is directed to reconsider the proposal submitted by the Management for approval in accordance with law. Rule is made absolute accordingly, with no order as to costs. (N.D.DESHPANDE, J.) (D.K.DESHMUKH, J.)