Case Note & Summary
The State of Maharashtra, through its Secretary, Higher and Technical Education Department, and the Director, Higher Education, filed two writ petitions challenging a common order dated 3rd May 2018 passed by the Maharashtra Administrative Tribunal, Mumbai. The Tribunal had allowed Original Application Nos. 70 and 786 of 2017 filed by the respondents, Yeshwant Maruti Patil and Dr. Pralhad Raghunath Harinkhede, respectively, challenging Rule 3 of the Maharashtra Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Special Backward Category and Other Backward Classes) Rules, 2017. The Tribunal declared Rule 3 as ultra vires the Constitution and directed the State to not give effect to it. The State argued that the rule was valid and necessary for implementing reservation in promotions. The respondents contended that the rule violated the constitutional mandate under Article 16(4A) as interpreted by the Supreme Court in M. Nagaraj v. Union of India and other cases, particularly because it did not require the State to collect quantifiable data regarding inadequacy of representation and backwardness of the class. The High Court, after hearing the parties and the Amicus Curiae, held that Rule 3 was indeed ultra vires the Constitution. The Court observed that the rule prescribed a roster for reservation in promotions without complying with the conditions laid down by the Supreme Court. The roster was also found to be contrary to the law on cadre as a unit and proper rotation of reserved points. The Court further noted that the rule did not address backlog vacancies in a constitutionally valid manner. Consequently, the High Court dismissed both writ petitions, upholding the Tribunal's order and affirming that Rule 3 cannot be sustained.
Headnote
A) Constitution Law - Reservation in Promotions - Article 16(4A) - Rule 3 of the Maharashtra Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Special Backward Category and Other Backward Classes) Rules, 2017 - The State Government prescribed a roster for reservation in promotions without complying with the constitutional requirement of collecting quantifiable data regarding inadequacy of representation and backwardness of the class. The Tribunal held that Rule 3 is ultra vires the Constitution and the Supreme Court judgments. The High Court upheld the Tribunal's decision, holding that the rule cannot be sustained as it does not satisfy the conditions laid down in M. Nagaraj v. Union of India and subsequent cases. (Paras 1-10) B) Service Law - Reservation - Roster - Cadre - Seniority - The roster prescribed under Rule 3 was found to be contrary to the law laid down by the Supreme Court in R.K. Sabharwal v. State of Punjab and Union of India v. Virpal Singh Chauhan, as it did not treat the cadre as a unit and did not provide for a proper rotation of reserved points. The High Court affirmed that the roster must be applied to the entire cadre and not to individual vacancies. (Paras 11-15) C) Constitution Law - Backlog Vacancies - Article 16(4A) - The rule also failed to address the issue of backlog vacancies in a manner consistent with the constitutional scheme. The High Court noted that the State cannot create a separate roster for backlog vacancies without following the procedure established by law. (Paras 16-20)
Issue of Consideration
Whether Rule 3 of the Maharashtra Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Special Backward Category and Other Backward Classes) Rules, 2017, which prescribes a roster for reservation in promotions, is ultra vires the Constitution and the judgments of the Supreme Court.
Final Decision
Both writ petitions are dismissed. The order of the Maharashtra Administrative Tribunal dated 3rd May 2018 is upheld. Rule 3 of the Maharashtra Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Special Backward Category and Other Backward Classes) Rules, 2017 is declared ultra vires the Constitution.
Law Points
- Reservation in promotions
- Article 16(4A) of the Constitution
- Maharashtra Public Services (Reservation for Scheduled Castes
- Scheduled Tribes
- De-notified Tribes
- Nomadic Tribes
- Special Backward Category and Other Backward Classes) Rules
- 2017
- Rule 3
- Ultra vires
- Roster
- Cadre
- Seniority
- Backlog vacancies
- Constitutional validity
