A. K. MATHUR, CJ.

( 1 ) THIS is a reference made by the learned single Judge, on account of conflicting judgment of this Court, to a Division Bench for resolving the conflict. For convenient disposal of this reference few necessary facts may be noticed. That a vacancy to the post of Headmaster arose in Govind Nagar Muslim High School and the school authorities sought prior permission from the District Inspector of School (DIS) for filling the post. The DIS granted permission but it was qualified that the post shall be reserved for Schedule Caste as per roster vacancy vide his memo No. 630s dated 1. 10. 1992. The school authorities could not recruit the Head Master due to non-availability of the candidate. Therefore they sought for de-reservation of the post on 10th October, 1993 but the DIS again asked them to fill the vacancy as per the roster vacancy by his letter dated 26th July,1994. The Managing Committee then filed a writ petition being W. P. No. 237 (W) of 2000 (SK. Manataj Ali and Anr. v. State of West Bengal and Ors.) which was disposed of by an order dated 25th April, 2000 with a direction upon the Secretary, Education Department to treat the writ petition as the represe

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