Case Note & Summary
The petitioner, Nilesh Mahadeorao Dhakare, a Scheduled Caste candidate with H.S.S.C. and D.Ed. qualifications, applied for the post of Shikshak Sevak pursuant to an advertisement by respondents 3 and 4 (Archana Vidya Niketan and its Headmaster). The advertisement reserved one post for Scheduled Tribe category. The petitioner was interviewed and appointed by order dated 10th February 2010. The proposal for approval was forwarded to respondent no. 2 (Education Officer, Zilla Parishad, Akola), who by communication dated 31st March 2011 informed that approval could not be granted as the appointment was against a post reserved for Scheduled Tribe candidates. Despite a subsequent request, the approval was again rejected on 31st March 2012 on the ground that the appointment was made on a post reserved for Scheduled Tribe candidates and there was a backlog of Scheduled Tribe candidates. The petitioner filed a writ petition challenging the rejection. The legal issue was whether the bar under Section 4(1) of the Maharashtra State Public Services Reservation Act, 2001, which prohibits filling a reserved post by a candidate from another category, applies to appointments under Rule 9(9)(a) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. The petitioner argued that Rule 9(9)(a) permits appointment of a candidate from another reserved category if no candidate from the reserved category is available. The respondents contended that Section 4(1) of the 2001 Act prohibits such appointment. The Court analyzed the provisions and held that Section 4(1) of the 2001 Act does not apply to appointments under Rule 9(9)(a) of the 1981 Rules, as the latter is a special provision for private schools. The Court noted that the 2001 Act applies to public services, while the 1981 Rules govern private school employees. The Court directed the respondents to grant approval to the petitioner's appointment as Shikshak Sevak against the post reserved for Scheduled Tribe, as the petitioner was a Scheduled Caste candidate and no Scheduled Tribe candidate was available. The writ petition was allowed with no order as to costs.
Headnote
A) Service Law - Reservation - Appointment against reserved post - Section 4(1) of Maharashtra State Public Services Reservation Act, 2001 and Rule 9(9)(a) of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The issue was whether the bar under Section 4(1) of the 2001 Act against filling a reserved post by a candidate from another category applies to appointments under Rule 9(9)(a) of the 1981 Rules. The Court held that Section 4(1) does not apply to appointments under Rule 9(9)(a) as the latter is a special provision for private schools. The Court directed the respondents to grant approval to the petitioner's appointment as Shikshak Sevak against the post reserved for Scheduled Tribe, as the petitioner was a Scheduled Caste candidate and no Scheduled Tribe candidate was available. (Paras 2-6)
Issue of Consideration
Whether the bar under Section 4(1) of the Maharashtra State Public Services Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category and Other Backward Classes Act, 2001 applies to appointments governed by Rule 9(9)(a) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.
Final Decision
The writ petition is allowed. The communications dated 31st March 2011 and 31st March 2012 are quashed and set aside. The respondents are directed to grant approval to the appointment of the petitioner as Shikshak Sevak against the post reserved for Scheduled Tribe category. Rule is made absolute in the aforesaid terms with no order as to costs.
Law Points
- Section 4(1) of Maharashtra State Public Services Reservation Act
- 2001 does not apply to appointments under Rule 9(9)(a) of Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981
- Rule 9(9)(a) permits appointment of a candidate from another reserved category if no candidate from the reserved category is available
- Approval cannot be denied solely on ground of backlog of reserved category candidates
