Case Note & Summary
The petitioner, Ku. Swati Nagorao Magar, filed a writ petition before the Bombay High Court at Nagpur challenging the communication dated 24.10.2018 issued by respondent 1, Maharashtra State Seeds Corporation Limited, and seeking a direction to consider her for the post of District Manager Grade 2/Field Officer in the seat reserved for women category. The advertisement for the post was published on 7.5.2018, and out of four posts, one was reserved for Scheduled Caste, one for Other Backward Classes, two for open category, with 30% reservation for women and one post for physically handicapped. The petitioner applied, appeared for an online examination on 11.6.2018, and her name was published in the merit list dated 20.8.2018. She was called for document verification and personal interview on 4.8.2018. However, after the interviews, her name was not in the selection list, and no candidate was selected from the women category. The petitioner made a representation on 27.9.2018 to the Managing Director and also approached the Maharashtra State Commission for Women. The court heard the parties and found that the non-selection of any woman candidate despite the 30% reservation was arbitrary. The court quashed the communication dated 24.10.2018 and directed respondent 1 to consider the petitioner's candidature for the post in the women reserved category within four weeks.
Headnote
A) Service Law - Reservation for Women - Non-Selection - The petitioner, a woman candidate, applied for the post of District Manager Grade 2/Field Officer advertised by Maharashtra State Seeds Corporation Limited. Despite 30% reservation for women, no woman candidate was selected. The court held that the non-selection of any woman candidate despite the reservation was arbitrary and directed the Corporation to consider the petitioner's candidature against the women reserved seat. (Paras 2-5)
Issue of Consideration
Whether the non-selection of the petitioner from the women category despite 30% reservation is arbitrary and illegal.
Final Decision
The court allowed the petition, quashed the communication dated 24.10.2018, and directed respondent 1 to consider the petitioner's candidature for the post of District Manager Grade 2/Field Officer in the women reserved category within four weeks.
Law Points
- Reservation for women
- Selection process
- Quashing of communication
- Direction to consider candidature
