Case Note & Summary
The petitioner, Marathwada Shikshan Prasarak Mandal, a public trust running 23 colleges, filed a writ petition seeking a declaration that the post of Principal at its Majalgaon College is an isolated post and therefore not subject to reservation. The petitioner had sought to fill the post from the open category, but the B.C. Cell and the Joint Director had taken a contrary view. The Court, after hearing the parties, held that the post of Principal is an isolated post and reservation does not apply. The Court allowed the petition, quashing the decisions of the B.C. Cell and the Joint Director, and permitted the petitioner to fill the post from the open category by publishing an advertisement.
Headnote
A) Service Law - Reservation - Isolated Post - Post of Principal - The issue was whether the post of Principal is an isolated post and thus not subject to reservation. The Court held that the post of Principal is an isolated post and reservation does not apply, allowing the petitioner to fill the post from the open category. (Paras 1-3)
Issue of Consideration
Whether the post of Principal in a college is an isolated post and therefore not subject to reservation under the Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001?
Final Decision
The petition is allowed. The decisions of the B.C. Cell and the Joint Director are quashed and set aside. It is declared that the post of Principal is an isolated post and reservation does not apply. The petitioner is permitted to fill the post of Principal at Majalgaon College from the open category by publishing an advertisement.
Law Points
- Isolated post
- reservation does not apply
- post of Principal is isolated post
Case Details
2015 LawText (BOM) (10) 14
WRIT PETITION NO.3189 OF 2015
Mr. N.B.Khandare for Petitioner, Mr. A.V.Deshmukh AGP for Respondent/State
Marathwada Shikshan Prasarak Mandal
The State of Maharashtra, The Joint Director, Dr. Babasaheb Ambedkar Marathwada University, The Assistant Commissioner (B.C. Cell)
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Nature of Litigation
Writ Petition challenging decisions of B.C. Cell and Joint Director regarding reservation on the post of Principal.
Remedy Sought
Declaration that the post of Principal is an isolated post and reservation does not apply, and permission to fill the post from open category.
Filing Reason
The B.C. Cell and Joint Director held that reservation applies to the post of Principal, preventing the petitioner from filling it from the open category.
Issues
Whether the post of Principal is an isolated post and not subject to reservation?
Submissions/Arguments
Petitioner argued that the post of Principal is an isolated post and reservation does not apply.
Ratio Decidendi
The post of Principal is an isolated post and therefore reservation does not apply under the Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001.
Judgment Excerpts
Heard.
Rule. Rule made returnable forthwith, and heard with the consent of the parties.
This Petition is filed with following prayers: ...
Procedural History
The petitioner filed Writ Petition No.3189 of 2015 before the High Court of Judicature at Bombay Bench at Aurangabad. The petition was reserved on 28.09.2015 and pronounced on 09.10.2015.
Acts & Sections
- Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001:
