Case Note & Summary
The petitioner, Ramesh Rajurkar, a teacher, challenged an order dated 7.1.2010 passed by the Education Officer (Secondary) Zilla Parishad, Nagpur, directing the management (respondent no.2) to fill the post of Head Master on the basis of reservation. The respondent no.2 runs two schools, each with one Headmaster, making the cadre of Headmaster consist of only two posts. The Education Officer had granted the petitioner temporary administrative and financial powers but asked the management to fill the post as per reservation. The petitioner argued that reservation cannot apply to a cadre with only two posts. The High Court, relying on its Full Bench decision in New English High School Association v. Baldev, held that where the cadre consists of three or less posts and the total percentage of reservation is 33%, reservation cannot be applied. The court allowed the petition and quashed the impugned order.
Headnote
A) Service Law - Reservation - Cadre Strength - Applicability of Reservation Policy - Maharashtra - The court considered whether reservation can be applied to a cadre of Headmaster consisting of only two posts. Relying on the Full Bench decision in New English High School Association v. Baldev, the court held that where the cadre consists of three or less posts and the total percentage of reservation is 24% or 33%, reservation cannot be applied. The impugned order directing reservation was quashed. (Paras 2-5) B) Service Law - Reservation - 50-Point Roster - Applicability - The court held that the 50-point roster can be made applicable only when its application does not result in implementation of reservation in excess of the statutorily prescribed percentage. (Para 5)
Issue of Consideration
Whether the Education Officer's direction to fill the post of Head Master on the basis of reservation is valid when the cadre consists of only two posts.
Final Decision
The petition is allowed. Rule is made absolute. The impugned order dated 7.1.2010 of the Education Officer is quashed.
Law Points
- Reservation policy not applicable to cadres with three or less posts
- 50-point roster cannot be applied if it results in reservation exceeding statutory percentage
- applicability of reservation depends on number of posts in cadre and percentage of reservation
