1 WP 2552/10 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2552 OF 2010 Kumbhar Mahadeo Bhau .. Petitioner V/s State of Maharashtra & Ors. .. Respondents Mr. A.M. Joshi for the petitioner. Mr. C.R. Sonawane, A.G.P. for respondent nos.1 and 2. CORAM : D.K. DESHMUKH & N.D. DESHPANDE JJ. DATE : 1ST OCTOBER 2010 P.C. : 1. Rule, returnable forthwith. 2. Heard finally by consent of the parties. 3. By the order impugned in the petition, the petitioner who is holding the post of Headmaster of a recognised private school has been denied approval to his appointment by the Education Officer on the ground that his appointment is made against the post which should have been reserved for the candidate belonging to the backward class. Admittedly, the management, which runs the school of which the petitioner is a Headmaster, runs two schools. Thus, there are two posts of Headmaster. The reservation of backward class provided by the Rules under the 2 WP 2552/10 M.E.P.S. Act is 33%. Obviously, therefore, when there are only two posts, one of the posts can not be reserved. In this view of the matter, therefore, the Education Officer could not have rejected the proposal submitted by the management for approval to the appointment of the petitioner on the ground that the post should have been reserved for backward class candidate. The impugned order, therefore, will have to be set aside. 4. Hence, the order dated 13th January 2010 passed by the Education Officer is set aside. The Education Officer is directed to pass fresh order in accordance with law on the proposal submitted by the management for approval to the appointment of the petitioner as Headmaster. Rule is made absolute accordingly with no order as to costs. (N.D. DESHPANDE, J.) (D.K. DESHMUKH, J.)