Case Note & Summary
The petitioner, Ashok Chandrashekar Rao, was appointed as Reader in Mechanical Engineering at the University Institute of Chemical Technology (formerly UDCT), which is a department of the University of Mumbai. The post was advertised as reserved for Scheduled Castes/Scheduled Tribes/Other Backward Classes. Since no reserved candidate was available, the petitioner was appointed on a temporary basis. The post was re-advertised multiple times as reserved. The petitioner contended that the post of Reader is an isolated post and is incapable of being reserved as it is superior to the post of Lecturer, which is the highest post for which reservation can be made. The respondents argued that the reservation was valid. The court analyzed the nature of the post and the applicable regulations. It held that under the University Grants Commission Regulations and the Constitution of India, reservation in teaching posts is permissible only up to the level of Lecturer. The post of Reader is a higher teaching post and cannot be reserved. The court also noted that the post was an isolated post, further supporting the petitioner's case. The court allowed the writ petition, directing the respondents to treat the post of Reader as unreserved and to consider the petitioner for promotion and other benefits accordingly.
Headnote
A) Service Law - Reservation - Post of Reader - The post of Reader is a teaching post superior to the post of Lecturer. Under the University Grants Commission Regulations and the Constitution of India, reservation in teaching posts is permissible only up to the level of Lecturer. The post of Reader being an isolated post cannot be reserved. The court held that treating the post of Reader as reserved is unlawful and directed the respondents to treat the post as unreserved and consider the petitioner for promotion accordingly. (Paras 2-5) B) Constitution of India - Article 16(4) - Reservation in Higher Posts - Article 16(4) of the Constitution of India empowers the State to make reservation in appointments in favour of backward classes, but such reservation cannot be extended to posts which are superior to the lowest grade in the teaching cadre. The court held that the post of Reader is a higher teaching post and cannot be reserved. (Paras 2-5)
Issue of Consideration
Whether the post of Reader in Mechanical Engineering at the University Institute of Chemical Technology can be treated as a reserved post for Scheduled Castes/Scheduled Tribes/Other Backward Classes.
Final Decision
The court allowed the writ petition and directed the respondents to treat the post of Reader in Mechanical Engineering as unreserved and to consider the petitioner for promotion and other benefits accordingly.
Law Points
- Reservation cannot be made for posts superior to Lecturer in universities
- Post of Reader is a teaching post above Lecturer
- Isolated post cannot be reserved
- Article 16(4) of Constitution does not permit reservation in higher teaching posts
