1. Since the challenge in both these writ petitions is to the judgment dated 18.06.2014 passed by the School Tribunal, Nagpur, these writ petitions are being decided by common judgment.

2. Rule. Rule made returnable forthwith and heard finally by consent of the learned counsel for the parties.

3. While filling the post of Head on a reserved vacancy whether an Assistant Teacher who belongs to a reserved category that is higher in the order of categories as specified in Rule 9(10)(a) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 is entitled to be promoted as per the roster point despite being junior in service to an Assistant Teacher who belongs to another reserved category which is lower in the order of categories mentioned in Rule 9 (10)(a) of the Rules of 1981 is the issue that arises for consideration.

4. The undisputed facts are that the petitioner – management in Writ Petition No.3852/2014 is running three schools. Each school is having the post of Head Master. One post of Head Master was held by a candidate belonging to the Scheduled Caste category. On his retirement said post became vacant. The management by Resoluti