1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3127 OF 1998. Shrikrishna S/o Waman Patil, Age 54 years, Occ.Service, Assistant Head Master, Mitharam Fakira Taral Vidyalaya and M.R.Mahajan Junior College, Anturni, Tq.Muktainagar, Dist.Jalgaon. ... Petitioner. Versus 1. The State of Maharashtra, through its Secretary, General Administration Department, Mantralaya, Mumbai. 2. The Director of Education, Maharashtra State, Pune. 3. The Education Officer (Secondary), Zilla Parishad, Jalgaon. 4. Shravan S/o Sitaram Tayade, Age 44 years, Occ.Service, Assistant Teacher, Mitharam Fakira Taral Vidyalaya, & M.R.Mahajan Junior College, Anturni, Tq.Muktainagar, Dist.Jalgaon. 5. Janata Shikshan Prasarak Mandal, Anturni, Tq.Muktainagar, Dist.Jalgaon. through its President. ... Respondents. 2 Mr.S.R.Barlinge, advocate for the petitioner. Mr.K.G.Patil, Asstt.Govt. Pleader for the State. ... CORAM : B.R.GAVAI AND : S.V.GANGAPURWALA,JJ. Date : 15.07.2010. ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1. The petitioner impugns the order dated 16.6.1998, passed by the Respondent No.3 - Education Officer, by virtue of which the Respondent No.3 directed that the Respondent No.4 be promoted to the post of Assistant Head Master and refused to grant approval to the appointment of petitioner by way of promotion to the post of Assistant Head Master. The said post of Assistant Head Master is a solitary post and could not be a subject matter of this petition. The Respondent No.3 Education Officer did not grant approval to the appointment of the petitioner as an Assistant Head Master on the ground that the said post ought to have been filled in from candidate belonging to reserved category. 3 2. The issue that an isolated post can not be a subject matter of reservation is no longer res-integra in view of the judgment of the Apex Court in case of "Post-Graduate Institute of Medical Education & Research, Chandigarh Vs. Faculty Association and others" 1998 AIR SCW 1553. 3. Pursuant to the interim orders granted by this Court, the impugned order dated 16.6.1998 was stayed and the petitioner continued to function as an Assistant Head Master and has now retired. In view of the aforesaid premise, the impugned order is quashed and set aside and the Rule is made absolute in terms of prayer clause (A). However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) (B.R.GAVAI,J.) asp/office/wp312798 4