Judgment :- Nishita Mhatre, J. 1. Rule. Rule made returnable forth with, by consent. 2. By this petition, the petitioner has challenged the appointment of respondents No.3 to 6 to the post of Sweeper on the ground that they can not be considered as persons from the Scheduled Caste category since they profess Islam. 3. The petitioner belongs to the "Bhangi community" which is considered as a Scheduled Caste in terms of the Presidential order of 1950 in the State of Maharashtra. An advertisement was issued for filling the posts of Class-IV employees in the Ashram School and hospital conducted by respondent No.2. This advertisement was issued on 18th January, 2008 for the posts of Cook, Kamathi, Sweeper (Safai Kamgar), Lab.Peon and Watchman. The advertisement stipulated that 175 marks were to be allotted for the written examination and those candidates who had secured higher marks in the written examination would be called for the oral examination. 25 marks were to be allotted for the interview. A caste validity certificate was required to be produced by candidates who were selected from the Scheduled Caste category. The advertisement revealed that the 13 posts of Sweepers were vacant, which were to be filled in pursuant to the selection. Those 13 posts were reserved for the "Mehatar community" which is recognised as a Scheduled Caste in the State of Maharashtra. 26 candidates applied for the vacancies, including the petitioner and respondents No. 3 to 6. As they were successful in the written examination, they were invited for the interview. 13 candidates were selected. The names of respondent Nos. 3 to 6 appear in the select list at serial Nos.2 to 5 while the petitioner’s name was shown at serial No.2 in the waiting list. 4. The learned counsel for the petitioner submits that there can be no reservations in the Scheduled Caste category for persons professing Islam. Such reservations are available only to Hindus, Sikhs or Buddhists. He further submits that in any event, there can not be 100% reservations for any category. In the present case, he points out that 13 posts of Sweepers were shown vacant and all 13 posts were to be selected from the "Mehatar community". Apart from this, he submits that the petitioner ought to have been selected for the post of Sweeper since he belongs to the "Bhangi community" which is the same as the "Mehatar community". In the present case, he points out that 13 posts of Sweepers were shown vacant and all 13 posts were to be selected from the "Mehatar community". Apart from this, he submits that the petitioner ought to have been selected for the post of Sweeper since he belongs to the "Bhangi community" which is the same as the "Mehatar community". Both communities profess the Hindu Religion, submits the learned Advocate. 5. An affidavit has been filed by the respondent No.2 i.e. Asstt.Project Officer, Integrated Tribal Development Project Kinwat. This affidavit was filed on 13th August, 2008 in which the affiant has stated that 13 posts advertised for Sweepers were reserved for the "Mehatar community" i.e. "Bhangi community" which is recognised as a Scheduled Caste in the State of Maharashtra. He has justified the selection of respondent Nos. 3 to 6 by stating that their caste certificates, submitted by them, indicate that they belong to the Scheduled Caste category. 6. A further affidavit has been filed on behalf of the State by the Project Officer, Integrated Tribal Development Project Kinwat, in which a contrary stand has been taken. The affiant has stated that, "all posts of Safai Kamgar i.e. Sweeper were meant for open category from Mehatar community". He has also stated that the posts advertised were for the "Mehatar community" irrespective of whether they belong to the Scheduled Caste category or not. The posts were to be filled in from the open category and therefore, the respondents were selected from that category, according to the affiant. He has further stated that the caste certificates produced by respondents No.3 to 6 were forwarded to the Scrutiny Community only to verify, whether they belong to the "Mehatar/Bhangi community" and not to ascertain whether they fell within the Scheduled Caste category. 7. An affidavit has also been filed by respondent No.3 stating that the respondent Nos. 3 to 6 had been selected as they were eligible for being appointed to the post of Sweeper. It is further stated that, although, respondent Nos.3 to 6 profess Islam, they are entitled to the reservations available for Scheduled Caste category. 7. An affidavit has also been filed by respondent No.3 stating that the respondent Nos. 3 to 6 had been selected as they were eligible for being appointed to the post of Sweeper. It is further stated that, although, respondent Nos.3 to 6 profess Islam, they are entitled to the reservations available for Scheduled Caste category. In the additional affidavit filed by respondent No.3, he has stated that amongst Hindus, there is no "Mehatar community." The synonymous communities amongst Hindus are "Bhangi" and "Walmiki" and, therefore, since the advertisement declares that candidates from the "Mehatar community" would be selected, Respondents No.3 to 6 had rightly been chosen for the said posts. 8. It is now well settled that there can not be 100% reservations for any category. The advertisement dated 18th January, 2008 indicates that 13 posts of Sweepers (Safai Kamgars) were vacant. However, all the posts were reserved for candidates from the "Mehatar community". This in itself, is contrary to law and the well settled principles enunciated by the Supreme Court time and again. Reservations of posts can be only for a certain percentage of the posts which are vacant and not for the entire strength. 9. Further more, if the reservations stipulated in the advertisement was for the Scheduled Castes, then it could not have been confined only to those candidates who belong to the "Mehatar community." The reservations which are envisaged can be for either the Scheduled Castes, Scheduled Tribes, VJNTs etc.. Besides, the "Mehatar community", there are several other communities which are classified as Scheduled Castes by the Presidential order of 1950. Therefore, candidates from those communities would be equally entitled to be appointed as Sweepers, if found fit, in case the reservation was for Scheduled Castes. Apart from this, Scheduled Castes are found amongst the people who are "Hindus", "Sikhs" or "Buddhists". Those who practice "Islam", are not entitled to the reservations for Scheduled Castes as "Islam" is an egalitarian religion. Therefore, respondents who admittedly are "Muslims", are not entitled to be appointed as Sweepers by availing of the reservations for the Sweepers, as stipulated in the advertisement. 10. Surprisingly, the first affidavit filed on behalf of the respondent/State, indicates that the reservation was available for respondent Nos. Therefore, respondents who admittedly are "Muslims", are not entitled to be appointed as Sweepers by availing of the reservations for the Sweepers, as stipulated in the advertisement. 10. Surprisingly, the first affidavit filed on behalf of the respondent/State, indicates that the reservation was available for respondent Nos. 3 to 6 as they had produced certificates indicating that they were from the "Mehater community" i.e. the "Bhangi community" which is recognised as a Scheduled Caste community in the State of Maharashtra. The only condition imposed by the State while recruiting the respondents No.3 to 6 was that they were expected to submit their Caste validity certificates within six months from the date of joining. Contrary to these averments in the first affidavit, a second affidavit which was filed in December, 2008, indicates, "all the posts of ’Safai Kamgars’ were meant for open category for ’Mehatar Community’". We are unable to understand as to what exactly the affiant means, when it is averred that, the posts were meant for "the open category for Mehatar community", the learned AGP has submitted that the posts were for the open category candidates. If that was so, then the State ought to have considered not only those from the "Mehatar Community" but all candidates from all communities, since there was no reservation at all. Instead of doing that, the State has considered the posts only for the "Mehatar community". It is a settled position of law that under our constitutional scheme, communal reservation is wholly impermissible. 11. If indeed, the reservation was for the "Mehatar community", which in our opinion, is illegally provided, the petitioner had an equal chance of being selected since he belongs to the "Bhangi community" which is recognised as Scheduled Caste in the State of Maharashtra. The submission of the learned Advocate for the respondents 3 to 6 is that since the reservation was for the "Mehatar community" it was available for Muslims alone and not for "Bhangis" and "Walmikis", who are Hindus & recognised as Scheduled Castes by the State of Maharashtra. This submission of the learned counsel is without merit. As we have already stated that persons who profess "Islam" can not claim reservation on the basis of Caste. 12. In this view of the matter, the appointments of respondent Nos.3 to 6 to the posts of Sweeper are quashed and set aside. This submission of the learned counsel is without merit. As we have already stated that persons who profess "Islam" can not claim reservation on the basis of Caste. 12. In this view of the matter, the appointments of respondent Nos.3 to 6 to the posts of Sweeper are quashed and set aside. The entire selection process pursuant to the advertisement dated 18th January, 2008, is set aside. The State may, if it is so inclined, issue a fresh advertisement in consonance with law, to fill in the vacant posts of Sweeper when the petitioner and the respondents may apply. 13. Rule made absolute. No order as to costs.