Case Note & Summary
The petitioners, belonging to the open category, challenged the advertisement dated 16th November 2022 issued by the Maharashtra Public Service Commission (MPSC) for filling one post of Dean, Municipal Medical Institution, Group-A, MCGM, which was reserved for Scheduled Caste. The petitioners contended that the post of Dean is a solitary post in each of the four hospitals of MCGM, and therefore, the principle of reservation cannot be applied. They argued that the post does not bear transfer liability and incumbents are not transferred between institutes, except in one instance during the Covid-19 pandemic. The respondents, MCGM and MPSC, argued that the post is not solitary as there are multiple Dean posts across different hospitals and that reservation is applicable. The court, relying on the Constitution Bench judgment in Post Graduate Institute of Medical Education & Research, Chandigarh v. Faculty Association, held that the post of Dean is a solitary post because there is no interchangeability or transferability of incumbents. The court allowed the petition and directed that open category candidates be permitted to participate in the selection process.
Headnote
A) Service Law - Reservation - Solitary Post - Post of Dean, Municipal Medical Institution, Group-A, MCGM - The court considered whether the post of Dean is a solitary post and whether reservation can be applied to it. The court held that since the post of Dean lacks transferability and interchangeability, it is a solitary post and reservation cannot be applied. The court directed that open category candidates be allowed to participate in the selection process. (Paras 1-12)
Issue of Consideration
Whether the post of Dean in Municipal Medical Institutions of MCGM is a solitary post and whether reservation can be applied to such a post.
Final Decision
The petition is allowed. The respondents are directed to permit candidates from the Open Category to participate in the selection process for the post of Dean, Municipal Medical Institution, Group-A, MCGM.
Law Points
- Reservation cannot be applied to solitary posts
- Post of Dean is a solitary post
- Principle of non-application of reservation to solitary posts
- Interchangeability and transferability test for solitary posts
