Case Note & Summary
The case involves two writ petitions challenging a common judgment of the School Tribunal dated 19 April 2018. The Tribunal had set aside the promotion of Vilas Machhindra Chormale (petitioner in WP 6657/2018) to the post of Lecturer and directed that Rajendra Pandharinath Dhavale (respondent no.1) be promoted instead. The management (Bhartiya Kala Prasarini Sabha) also challenged the Tribunal's decision. The facts are that Dhavale, belonging to SC category, was appointed as Assistant Lecturer on 12 December 1995 and confirmed on 20 May 1997. Chormale, belonging to NT(C) category, was appointed on 22 September 1997. Thus Dhavale was senior. In 2005, a vacancy for Lecturer arose in the ST category. Since no eligible ST candidate was available, the management promoted Chormale to that post. Dhavale challenged this before the School Tribunal, which allowed his appeal. The High Court examined the Government Resolutions regarding interchangeability of reservation. It held that as per the resolutions, reservation can be interchanged only between SC and ST categories, and not with NT(C) or other categories. Therefore, the ST vacancy should have been filled by promoting a candidate from the SC category, and since Dhavale was the senior-most SC candidate, he was entitled to the promotion. The court dismissed both petitions, upholding the Tribunal's order.
Headnote
A) Service Law - Reservation - Interchangeability - Promotion - The dispute pertained to promotion to the post of Lecturer in a college run by a society. A vacancy arose in the ST category. Since no eligible ST candidate was available, the management promoted a junior NT(C) candidate instead of the senior SC candidate. The School Tribunal set aside the promotion and directed promotion of the SC candidate. The High Court upheld the Tribunal's decision, holding that as per Government Resolutions, reservation can be interchanged only between SC and ST categories, and not with NT(C) category. The senior SC candidate was entitled to be promoted against the ST vacancy. (Paras 1-13)
Issue of Consideration
Whether the School Tribunal was correct in setting aside the promotion of a junior NT(C) candidate and directing promotion of a senior SC candidate to a post reserved for ST category by applying the principle of interchangeability of reservation between SC and ST categories.
Final Decision
Both writ petitions are dismissed. The judgment and order dated 19 April 2018 passed by the School Tribunal in Appeal No. 20/2016 is upheld.
Law Points
- Reservation interchangeability
- Promotion
- Seniority
- SC/ST categories
- Government Resolutions
- School Tribunal jurisdiction
Case Details
2023 LawText (BOM) (10) 157
Writ Petition No. 14646 of 2018 and Writ Petition No. 6657 of 2018
Mr. Sanjay Kshirsagar (for Petitioner in WP-6657/2018), Mr. Shirish V. Pitre (for Petitioner in WP-14646/2018), Mrs. Vaishali Nimbalkar (AGP for Respondent No.4), Mr. Sugandh Deshmukh (for Respondent No.1)
Bhartiya Kala Prasarini Sabha (Through its Secretary) Shri. Pushkaraj Bhalchandra Tilak (in WP 14646/2018) and Shri. Vilas Machhindra Chormale (in WP 6657/2018)
Shri. Rajendra Pandharinath Dhavale and Ors.
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Nature of Litigation
Writ petitions challenging the judgment of the School Tribunal setting aside promotion and directing promotion of another candidate.
Remedy Sought
The petitioners (management and the promoted employee) sought to quash the Tribunal's order and uphold the promotion of Vilas Chormale.
Filing Reason
The School Tribunal set aside the promotion of Vilas Chormale and directed promotion of Rajendra Dhavale, aggrieving both the management and Chormale.
Previous Decisions
The School Tribunal in Appeal No. 20/2016 allowed the appeal of Rajendra Dhavale, setting aside Chormale's promotion and directing Dhavale's promotion w.e.f. 1 December 2005.
Issues
Whether the School Tribunal correctly applied the principle of interchangeability of reservation between SC and ST categories to fill an ST vacancy.
Whether the promotion of a junior NT(C) candidate over a senior SC candidate was valid.
Submissions/Arguments
Petitioners argued that the management had the discretion to promote any eligible candidate and that the Tribunal erred in interfering.
Respondent Dhavale argued that as per Government Resolutions, reservation can be interchanged only between SC and ST, and being senior SC candidate, he was entitled to the ST vacancy.
Ratio Decidendi
The principle of interchangeability of reservation between SC and ST categories applies to promotions. When an ST vacancy arises and no eligible ST candidate is available, the vacancy must be filled by promoting a candidate from the SC category, not from other categories like NT(C). Seniority within the SC category determines the candidate entitled to promotion.
Judgment Excerpts
The dispute between the duo is with regard to the promotion to the post of Lecturer.
According to Shri. Dhavale, a vacancy of Lecturer in S.T. category had arisen in the year 2005 and since eligible S.T. candidates were not available for promotion, the reservation could be interchanged only between ST and SC categories as per the various Government Resolutions.
Procedural History
The School Tribunal in Appeal No. 20/2016 allowed the appeal of Rajendra Dhavale on 19 April 2018, setting aside the promotion of Vilas Chormale and directing Dhavale's promotion. Both Chormale and the management filed separate writ petitions challenging that order. The High Court heard both petitions together and dismissed them on 20 October 2023.
Acts & Sections
- Societies Registration Act, 1960:
- Maharashtra Public Trusts Act, 1950:
