Case Note & Summary
The petitioner, Bharat Shikshan Sanstha, a registered trust under the Maharashtra Public Trusts Act, 1950 and Societies Registration Act, runs two colleges: Shri Chhatrapati Shivaji College, Omerga and Bharat Shikshan Sanstha's College, Makani. The posts of Principal in both colleges were vacant. The petitioner sought to fill these posts from open category candidates. However, respondent No.3, the Director of College & University Development Board, Dr. Babasaheb Ambedkar Marathwada University, issued a communication/order dated 16/04/2015 refusing approval, insisting that the posts be filled from reserved category candidates as per the reservation roster. The petitioner challenged this communication/order by way of a writ petition before the Bombay High Court, Aurangabad Bench. The petitioner argued that being a minority institution, it is not bound by the reservation roster for filling the post of Principal. The respondents, including the State of Maharashtra and the University, opposed the petition. The Court, after hearing the parties, held that the University's insistence was without authority of law. The Court quashed and set aside the impugned communication/order dated 16/04/2015 and directed the respondents to allow the petitioner to fill the post of Principal from open category candidates. The Court also made the rule absolute and disposed of the petition accordingly.
Headnote
A) Education Law - Minority Institution - Reservation - Filling of Principal Post - The petitioner, a minority educational institution, sought to fill the post of Principal from open category candidates. The University refused approval, insisting that the post be filled from reserved category candidates as per the reservation roster. The Court held that minority institutions are not bound by the reservation roster for filling posts of Principal, and the University's insistence was without authority of law. The communication/order dated 16/04/2015 was quashed and set aside. (Paras 2-5) B) Education Law - University - Communication/Order - Quashing - The impugned communication/order dated 16/04/2015 issued by respondent No.3 was challenged. The Court found that the University had no authority to impose such a condition on a minority institution. The order was quashed and set aside, and the respondents were directed to allow the petitioner to fill the post of Principal from open category candidates. (Paras 2-5)
Issue of Consideration
Whether the respondent University can insist that the petitioner-minority institution fill the post of Principal from reserved category candidates despite the post being unreserved and the institution being a minority institution not bound by reservation roster.
Final Decision
The impugned communication/order dated 16/04/2015 is quashed and set aside. The respondents are directed to allow the petitioner to fill the post of Principal from open category candidates. Rule made absolute. Petition disposed of.
Law Points
- Minority educational institutions are not bound by reservation roster for filling posts of Principal
- University cannot insist on filling reserved category posts from reserved category candidates in minority institutions
- Communication/order without authority of law is liable to be quashed
