Case Note & Summary
The petitioner, Marathwada Legal and General Education Society, runs two aided colleges: Manikchand Pahade Law College (established 1956) and Dr. (Smt.) Indirabai Bhaskarrao Pathak Mahila Arts, Commerce and Science College (established 1971). The petitioner challenged communications dated 11.03.2022, 04.05.2022, 24.06.2022, and 14.09.2022 issued by respondent Nos. 1, 2, and 5, which insisted that the petitioner get the roster verified from the competent authority and treated the posts of Principal of these two colleges as amenable to the policy of reservation. The petitioner's claim that the post of Principal is an isolated post and reservation policy is not applicable was rejected impliedly by the respondents. The court considered the issue of whether the post of Principal in an aided college is an isolated post not subject to reservation. The court held that the post of Principal is a single post in the cadre and cannot be included in the roster for reservation. The communications insisting on roster verification and treating the post as reserved were quashed. The court allowed the writ petition and set aside the impugned communications.
Headnote
A) Service Law - Reservation - Isolated Post - Post of Principal in aided college is an isolated post and not subject to reservation policy - The court held that the post of Principal is a single post in the cadre and cannot be included in the roster for reservation - The communications insisting on roster verification and treating the post as reserved were quashed (Paras 2-3).
Issue of Consideration
Whether the post of Principal in an aided college is an isolated post not subject to reservation policy, and whether the communications insisting on roster verification and treating the post as amenable to reservation are valid.
Final Decision
Writ petition allowed. Impugned communications quashed.
Law Points
- Isolated post
- reservation policy
- principal post
- aided college
- Maharashtra Reservation Policy
- roster verification
