Shree Yashwant Shikshan Prasarak Mandal, Kodoli v. Regional Commissioner, Backward Class Cell And ORS

jsn 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8472 OF 2012 Shree Yeshwant Shikshan Prasarak Mandal ...

Petitioner Vs.

Regional Commissioner, BC Cell, Pune and Ors.

... Respondents Mr M.S. Topkar, Advfor the Petitioner.

Mr. C.P. Yadav, AGP for the Respondent - State. CORAM : B.R. GAVAI AND RIYAZ I. CHAGLA, JJ.

DATE : 6 JUNE 2017.

P.C.:- 1.

Rule. Rule made returnable forthwith by consent. 2.

The Petitioner challenges an order dated 17th July 2012 thereby directing the Petitioner's to reserve one post of Head Master. 3.

Undisputedly, two schools are under the management at the Petitioner. As such, two posts of Head Master are available. The Respondent State had insisted that in view of the provisions of 9(10) (a) of the Maharashtra Employees of Private Schools (Conditions of 1/3

jsn 2 Service Rules, 1981), one post out of two should be reserved for backward classes.

4.

The issue is no more res integra. The learned Bench of this Court in the case of New English High School Association and ors. Vs. Baldevl Fakira Ade & Anr.1 while considering the said Rule when the reservation provided was 24% as held that unless 4 Nos. of posts are available in a particular cadre the reservation cannot be insisted upon. 5.

Now the rules have been changed and the reservation provided is 33%.

6.

It can be thus seen that now in view of ratio laid down this Court in the case of New English High School (Supra), since admittedly, the number of posts in the cadre of Head Master are only 2, the insistence on behalf of Respondent on reserving one post of backward classes would not be justified.

7.

In that view of the matter impugned order is quashed and set aside. It is held and declared that unless three posts are available with 2007 (1) Bom C.R. 6 2/3

jsn 3 the Petitioner, the Respondent cannot insist upon reserving one post of Head Master for backward class.

9.

Rule made absolute with no order as to costs. (RIYAZ I. CHAGLA J.) ( B.R. GAVAI J.) 3/3