Case Note & Summary
The petitioner, Ms. G.C. Savagon, was employed as a Lecturer in Economics at Vidyavardhini Annasaheb Vartak College of Arts from 1st August 1992. The facts of the case were similar to those in Writ Petition No.1914 of 1999, which was decided on the same day. The only difference was that in the instant case, the petitioner's counsel produced an advertisement showing that on the sixth occasion, the advertisement was based on interchangeability provisions. The court noted that the petitioner had been in employment since 1992 and that the Government has the power to relax reservation rules. Accordingly, the court directed Respondent No.1 (the Principal) to forward a proposal for de-reservation to Respondent No.3 (University of Bombay) within four weeks. Upon receipt, Respondent No.3 was to forward the same to Respondent No.4 (State of Maharashtra) for following the usual procedure. Respondent No.4 was directed to take a decision on the application for de-reservation, considering the petitioner's long service and the principles set out in the companion writ petition. The court did not quash any prior decision but issued directions for consideration of de-reservation.
Headnote
A) Service Law - Reservation - De-reservation - Power of Government to Relax - Petitioner appointed as Lecturer in Economics in 1992 against a reserved post - Court directed the college to forward a de-reservation proposal to the University and State Government, considering the petitioner's long service and the power of the Government to relax reservation rules - Held that the Government has power to relax and should consider the application for de-reservation (Paras 1-3).
Issue of Consideration
Whether the petitioner, appointed against a reserved post, is entitled to de-reservation of the post considering her long service and the availability of interchangeability provisions.
Final Decision
The court directed Respondent No.1 to forward a proposal for de-reservation to Respondent No.3 within four weeks. Respondent No.3 to forward it to Respondent No.4 for usual procedure. Respondent No.4 to take a decision on the application for de-reservation considering the petitioner's long service and the principles in Writ Petition No.1914 of 1999.
Law Points
- De-reservation of reserved post
- power of government to relax reservation rules
- interchangeability provisions in advertisements
