Case Note & Summary
The petitioner, Ram Atmaram Dongarwar, filed a writ petition before the Bombay High Court (Nagpur Bench) challenging the promotion of respondent No. 2, Ramdas Balaji Gajbhiye, to the post of Assistant Education Officer in the Corporation of the City of Nagpur. The petitioner claimed that as per the 50 points roster, the first 19 points were exhausted and point No. 20, earmarked for the open category, was wrongly used to promote respondent No. 2, who belongs to the Scheduled Caste. The petition was initially filed before the promotion order was issued and was later amended to challenge the order. Respondent No. 1 (the Corporation) filed a reply stating that 24 points had already been exhausted and point No. 25, which was meant for the Scheduled Caste category, was used for the promotion. The Corporation relied on Resolution No. 187, which recorded that earlier 24 points were exhausted and point No. 25 was available for consideration. The Court noted that the entitlement of respondent No. 2 to promotion was not in dispute; the only dispute was about the roster point against which the promotion was made. The Court found that the petitioner was essentially raising a disputed question of fact, which could not be adjudicated in writ jurisdiction. The Court also observed that points No. 26 and 27, which became available after the impugned promotion, were to be filled from open category candidates. Consequently, the Court dismissed the petition, discharged the rule, and ordered no costs.
Headnote
A) Service Law - Promotion - Roster Points - Disputed Question of Fact - Petitioner challenged promotion of a Scheduled Caste candidate alleging it was against an open category point in the 50 points roster - Respondent Corporation contended that 24 points were already exhausted and point No. 25 (reserved for SC) was used - Court held that the dispute involves disputed questions of fact and dismissed the petition without interference in writ jurisdiction (Paras 2-5).
Issue of Consideration
Whether the promotion of respondent No. 2 (a Scheduled Caste candidate) was against the correct roster point, and whether the petitioner's challenge raises a disputed question of fact not amenable to writ jurisdiction.
Final Decision
The petition is dismissed. Rule discharged. No costs.
Law Points
- Writ jurisdiction not available for disputed questions of fact
- Promotion based on roster points
- 50 points roster
- Reservation in promotion
