The Bombay High Court, in a writ petition filed by the Municipal Commissioner of Pune Municipal Corporation, quashed an order from the Chairman of the Maharashtra State Minorities Commission. The Commission had directed the promotion of Ms. Safia Abdul Salam Shaikh to the position of Junior Clerk with retrospective effect, which included all monetary benefits. The Court ruled that the Commission had no jurisdiction to issue such an order, as it lacked the adjudicatory powers under the Maharashtra State Minorities Commission Act, 2004. The order was deemed to be beyond the Commission's authority, leading the Court to set it aside.

1. Background

• The petitioner, the Municipal Commissioner of Pune Municipal Corporation, challenged an order issued by the Chairman of the Maharashtra State Minorities Commission on August 8, 2016.
• The order mandated the promotion of respondent Ms. Safia Abdul Salam Shaikh, who was initially appointed as a peon, to the position of Junior Clerk with retrospective effect from the date she completed her graduation on June 14, 2004.

2. Promotion and Appointment Dispute

• Ms. Shaikh was appointed as a peon on compassionate grounds following the death of her husband, who worked in the Octroi Department.
• After completing her graduation, she applied for the position of Junior Clerk, which was not immediately granted. The Commission's order aimed to rectify this by granting her promotion with effect from June 14, 2004.

3. Legal Arguments

• The petitioner's counsel argued that the Commission's Chairman lacked the jurisdiction to adjudicate such employment matters and issue enforceable orders, as per the Maharashtra State Minorities Commission Act, 2004.
• The respondent's counsel contended that the Commission was empowered under various clauses of Section 10 of the Act to make such decisions.

4. Court's Analysis

• The Court examined Section 10 of the Maharashtra State Minorities Commission Act, 2004, which outlines the functions of the Commission.
• The Court found that the Commission's role is limited to making recommendations and monitoring the implementation of safeguards for minorities but does not extend to adjudicating employment disputes or issuing enforceable orders.

5. Court's Ruling

• The Court ruled that the Commission had exceeded its authority by issuing an order that effectively adjudicated an employment dispute.
• The impugned order was quashed, and the writ petition was granted in favor of the petitioner, setting aside the Commission's directives.

6. Conclusion

• The ruling underscores the limited jurisdiction of the Maharashtra State Minorities Commission, reiterating that it cannot adjudicate disputes or issue orders that are beyond its statutory powers.