Case Note & Summary
The petitioner, Shri Sharda Bhavan Education Society, is an educational institution running several colleges and schools, including Rajiv Gandhi Mahavidyalaya, Mudkhed, which is affiliated to Swami Ramanand Teerth Marathwada University, Nanded (Respondent No.2) and receives 100% grant-in-aid from the State. In June 2001, the petitioner started the college and later desired to appoint a regular permanent Principal. The draft advertisement for the post was submitted to the University for approval. The University informed the petitioner that the post of Principal should be filled from the category reserved for backward classes. Consequently, the petitioner issued two advertisements for reserved category candidates, but no suitable candidate was found. The petitioner then sought approval from the University to advertise the post from the open category, citing the judgment of this Court in Vidya Prasarak Mandal vs. University of Mumbai, 2008 (5) Mh.L.J. 47, which held that reservation cannot be applied to a single post. However, the University, by communication dated 19.4.2009, directed the petitioner to advertise the vacancy as reserved. Aggrieved, the petitioner filed the present writ petition challenging that communication. The legal issue was whether the University could insist on reserving a single post of Principal for backward classes. The petitioner argued that the post of Principal is a single post and cannot be reserved, relying on the Vidya Prasarak Mandal case. The University contended that reservation policy must be followed. The Court analyzed the provisions of the Maharashtra Universities Act, 1994 and the Government Resolution dated 15.6.1995, and held that reservation does not apply to a single post. The Court quashed the University's communication dated 19.4.2009 and directed the University to approve the advertisement for the open category. The petition was allowed with no order as to costs.
Headnote
A) Service Law - Reservation - Single Post - The issue was whether the post of Principal, being a single post, could be reserved for backward classes. The Court held that reservation cannot be applied to a single post as it would be contrary to the principle of equality and the provisions of the Maharashtra Universities Act, 1994. The University's direction to advertise the post as reserved was quashed. (Paras 2-6) B) Education Law - Appointment of Principal - University's Power - The University had directed the petitioner to fill the post of Principal from reserved category. The Court held that the University cannot insist on reservation for a single post of Principal, as there is no provision under the Act or the Government Resolution dated 15.6.1995 for such reservation. The communication dated 19.4.2009 was set aside. (Paras 2-6)
Issue of Consideration
Whether the University can direct an educational institution to reserve the post of Principal for backward classes when it is a single post and no reservation is applicable to such posts under the Maharashtra Universities Act, 1994.
Final Decision
The petition is allowed. The communication dated 19.4.2009 from Respondent No.2 is quashed and set aside. The University is directed to approve the advertisement for the post of Principal from the open category. Rule made absolute. No order as to costs.
Law Points
- Reservation not applicable to single post of Principal
- Single post cannot be reserved
- University cannot insist on reservation for single post
- Maharashtra Universities Act
- 1994 does not provide for reservation in single post
- Government Resolution dated 15.6.1995 not applicable to single post
