Case Note & Summary
The petitioner, an Assistant Teacher belonging to the Scheduled Caste category, was promoted to the post of Assistant Head Master by an order dated 29.04.2002 with effect from 01.05.2002. This promotion was challenged by respondent Nos. 5 to 7, who were senior to the petitioner, in Appeal No. STN/36/2007 before the School Tribunal at Nagpur under Section 9 of the Maharashtra Employees of Private Schools (Condition of Service Regulations) Act, 1977. The School Tribunal held that the petitioner was junior to the appellants and that the reservation of the isolated post of Assistant Head Master for the Scheduled Caste category was illegal, rendering the promotion invalid. The Tribunal relied on the Full Bench decision of the Bombay High Court in New English High School Association, Nagpur v. Baldev Fakira Ade, 2006 (6) Mh.L.J. 882. The petitioner challenged this decision in the present writ petition. The petitioner's counsel argued that the appeal before the School Tribunal was filed after an inordinate delay and should have been dismissed on that ground. However, the High Court found that the School Tribunal had considered the delay and condoned it, and the petitioner had not challenged that order. The High Court upheld the Tribunal's decision, holding that the reservation of an isolated post is illegal and that the promotion based on such reservation cannot be sustained. The writ petition was dismissed.
Headnote
A) Service Law - Reservation - Isolated Post - Reservation of isolated post of Assistant Head Master for Scheduled Caste category is illegal as it deviates from the principle of seniority - The School Tribunal correctly set aside the promotion of the petitioner who was junior to the appellants - Held that reservation cannot be applied to an isolated post (Paras 1-3).
Issue of Consideration
Whether the reservation of an isolated post of Assistant Head Master for Scheduled Caste category is legal and whether the promotion of the petitioner based on such reservation is valid.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's order setting aside the promotion of the petitioner.
Law Points
- Reservation of isolated post is illegal
- Promotion must follow seniority
- Delay in appeal not condoned without sufficient cause
Case Details
2017 LawText (BOM) (04) 145
WRIT PETITION NO. 2019 OF 2009
Shri D.Duvvuri for Petitioner, Shri K.L.Dharmadhikari for Respondent nos. 1, 2 and 4, Shri A.D.Mohgaonkar for Respondent Nos. 5 to 7
Milind s/o. Namdevrao Kamble
The State of Maharashtra, The Presiding Officer, School Tribunal, Nagpur, Bharatiya Shikshan Mandal, The Education Officer (Secondary), Zilla Parishad, Nagpur, Suresh S/o Shankar Borgaonkar, Deorao Shrawanji Sarve, Sau. Pratima w/o. Pramod Deulwadkar, Pandit Baccharaj Vyas Vidyalaya & Junior College
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Nature of Litigation
Writ petition challenging the order of the School Tribunal setting aside the promotion of the petitioner.
Remedy Sought
The petitioner sought to quash the School Tribunal's order and uphold his promotion.
Filing Reason
The petitioner was promoted as Assistant Head Master but the School Tribunal set aside the promotion on the ground that reservation of the isolated post was illegal.
Previous Decisions
The School Tribunal in Appeal No. STN/36/2007 set aside the promotion of the petitioner.
Issues
Whether the reservation of an isolated post of Assistant Head Master for Scheduled Caste category is legal?
Whether the promotion of the petitioner based on such reservation is valid?
Submissions/Arguments
The petitioner argued that the appeal before the School Tribunal was filed after an inordinate delay and should have been dismissed on that ground.
The respondents argued that the reservation of an isolated post is illegal and the promotion was rightly set aside.
Ratio Decidendi
Reservation of an isolated post for a reserved category is illegal as it deviates from the principle of seniority. Promotion based on such reservation cannot be sustained.
Judgment Excerpts
The School Tribunal holds that the petitioner was junior to respondent Nos. 5 to 7, who were the appellants before it, but the reservation of the isolated post of Assistant Head Master for Scheduled Caste category was illegal and consequently, the promotion of the petitioner in deviation of the principle of senior was illegal.
Procedural History
The petitioner was promoted on 29.04.2002. The promotion was challenged by respondent Nos. 5 to 7 in Appeal No. STN/36/2007 before the School Tribunal, which set aside the promotion. The petitioner then filed the present writ petition in 2009.
Acts & Sections
- Maharashtra Employees of Private Schools (Condition of Service Regulations) Act, 1977: Section 9
