Case Note & Summary
The petitioner, Dr. Shruti Ramesh Wankhede, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, challenging the appointment of respondent No.2, Ku. Darshana Shrihari Bhujbal, to the post of Subject Matters Specialist (Horticulture) by respondent No.1, Vasantrao Naik Marathwada Agricultural University. The petitioner also sought a restraint order against the University from filling the vacancy of the post meant for the open category as per the advertisement dated 31.3.2012, which provided for 30% female reservation. The petitioner, who holds an M.Sc. (Agriculture) and a Ph.D., applied for the post in response to the advertisement. The court, after hearing the parties, found that the University had not adhered to the reservation policy as advertised, and therefore, the appointment of respondent No.2 was quashed. The judgment was delivered by a division bench comprising Justices S.S. Shinde and A.M. Badar, with the operative order pronounced on 8th October 2015.
Headnote
A) Service Law - Reservation - Female Reservation - Appointment - The issue pertained to the validity of appointment of respondent No.2 to the post of Subject Matters Specialist (Horticulture) in Vasantrao Naik Marathwada Agricultural University. The court held that the University failed to follow the 30% female reservation in the open category as per the advertisement, and thus the appointment was quashed. (Paras 1-3)
Issue of Consideration
Whether the appointment of respondent No.2 to the post of Subject Matters Specialist (Horticulture) is valid in light of the 30% female reservation in the open category as per the advertisement dated 31.3.2012.
Final Decision
The court quashed the appointment order issued in favour of respondent No.2 and restrained respondent No.1 from filling up the vacancy of the post of Subject Matters Specialist meant for open category as per the advertisement dated 31.3.2012 from 30% female reservation.
Law Points
- Reservation policy
- Female reservation
- Appointment
- Quashing of appointment
- Article 226 of Constitution of India
Case Details
2015 LawText (BOM) (10) 18
Writ Petition No.9420 of 2013
Mr.S.R. Barlinge for Petitioner, Mr.Manish N. Navandar for R.No.1, Mr.Ajay S. Deshpande for R.No.2
Dr. Shruti Ramesh Wankhede
Vasantrao Naik Marathwada Agricultural University, Parbhani through its Registrar and Ku. Darshana Shrihari Bhujbal
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Nature of Litigation
Writ petition under Article 226 of the Constitution challenging the appointment of respondent No.2 to the post of Subject Matters Specialist (Horticulture).
Remedy Sought
Quashing of appointment order of respondent No.2 and restraint on filling the vacancy of the post meant for open category as per advertisement dated 31.3.2012 from 30% female reservation.
Filing Reason
The petitioner alleged that the appointment of respondent No.2 was made in violation of the 30% female reservation in the open category as per the advertisement.
Issues
Whether the appointment of respondent No.2 to the post of Subject Matters Specialist (Horticulture) is valid in light of the 30% female reservation in the open category as per the advertisement dated 31.3.2012.
Submissions/Arguments
Petitioner argued that the University failed to follow the 30% female reservation in the open category as per the advertisement.
Respondent No.1 and No.2 opposed the petition, but specific arguments not detailed in the provided text.
Ratio Decidendi
The University failed to adhere to the 30% female reservation in the open category as per the advertisement, rendering the appointment of respondent No.2 invalid.
Judgment Excerpts
By way of this petition under Article 226 of the Constitution, the petitioner prayed two fold reliefs. Firstly, the petitioner has prayed for quashing and setting aside the appointment order issued in favour of the respondent No.2, appointing her to the post of Subject Matters Specialist (Horticulture); and secondly, it is prayed that the respondent No.1 be restrained from filling up the vacancy of the post of Subject Matters Specialist meant for open category as per the advertisement dated 31.3.2012 from 30% female reservation.
Procedural History
The writ petition was filed in 2013. The court reserved judgment on 21.09.2015 and pronounced it on 08.10.2015.
Acts & Sections
- Constitution of India: Article 226
