Case Note & Summary
The petitioner, Ajay Raghunath Kupatkar, was appointed as a full-time Instructor in the MCVC course run by respondent No.3 (Yeshwant Rural Education Society) after the management obtained permission from the Deputy Director of Vocational Education and Training to fill the post vacated by resignation of Shri V.R.Ingle. The permission dated 27.10.1998 stated that the appointment should be made as per the roster point. The management advertised the post for open category on 27.11.1999, and the petitioner was selected and appointed on 07.12.1999. Approval was initially granted on 04.10.2000 for the session 1999-2000 and continued on a year-to-year basis by orders dated 02.03.2001 and 05.10.2001. Subsequently, the petitioner was issued a fresh appointment order on 17.06.2002 as full-time Instructor until further orders. However, by order dated 03.02.2004, the Deputy Director refused approval on the ground that there existed a backlog of Scheduled Caste, Scheduled Tribe, Vimukta Jatis/Nomadic Tribes and Other Backward Class categories as on 30.12.2002. The petitioner challenged this order. The court held that the refusal was unsustainable because the permission granted to fill the post specifically allowed appointment from the open category, and the backlog of reserved categories cannot override such permission. The court also noted that the petitioner had been working continuously and had received approvals earlier. The petition was allowed, and the impugned order was quashed and set aside.
Headnote
A) Service Law - Appointment - Approval - Refusal on ground of backlog of reserved categories - Permission granted to fill post from open category - Held that refusal is unsustainable as the post was specifically permitted to be filled from open category and backlog cannot override such permission (Paras 1-5).
B) Service Law - Reservation - Backlog - Cannot be used to deny appointment against a post specifically permitted for open category - Held that the ground of backlog is irrelevant when the permission itself specifies open category (Para 4).
Issue of Consideration
Whether the refusal to grant approval to the appointment of the petitioner as Instructor in MCVC course on the ground of backlog of reserved categories is sustainable in law when the post was specifically permitted to be filled from open category.
Final Decision
The petition is allowed. The impugned order dated 03.02.2004 passed by the Deputy Director of Vocational Education and Training, Nagpur is quashed and set aside.
Law Points
- Reservation backlog cannot override specific permission to fill open category post
- Approval once granted cannot be revoked arbitrarily
- Year-to-year approval does not create estoppel against government
- Ban on recruitment does not affect appointments made prior to ban
Case Details
2017 LawText (BOM) (07) 217
Writ Petition No. 1522 of 2004
R. K. Deshpande, Mrs. Swapna Joshi
Shri B.G.Kulkarni for Petitioner, Ms. Geeta Tiwari, AGP for Respondent Nos. 1 and 2, Shri J.S.Mokadam for Respondent nos. 3 and 4
State of Maharashtra, Deputy Director of Vocational Education and Training, Yeshwant Rural Education Society, S.S.N.J. Mahavidyalaya
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Nature of Litigation
Writ petition challenging refusal of approval to appointment of petitioner as Instructor in MCVC course.
Remedy Sought
Quashing of order dated 03.02.2004 refusing approval and direction to grant approval.
Filing Reason
Refusal of approval on ground of backlog of reserved categories despite permission to fill post from open category.
Previous Decisions
Approval was initially granted on 04.10.2000 for session 1999-2000 and continued on year-to-year basis by orders dated 02.03.2001 and 05.10.2001.
Issues
Whether refusal of approval on ground of backlog of reserved categories is valid when permission was granted to fill post from open category.
Submissions/Arguments
Petitioner argued that the refusal is unsustainable as the post was specifically permitted to be filled from open category.
Respondents argued that there was backlog of reserved categories justifying refusal.
Ratio Decidendi
The refusal of approval on the ground of backlog of reserved categories is unsustainable when the permission granted to fill the post specifically allowed appointment from the open category. The backlog cannot override the specific permission.
Judgment Excerpts
This petition challenges the order dated 03.02.2004 passed by the Inspector, Vocational Education and Training, Nagpur, refusing to grant approval to the appointment of the petitioner as Instructor/Assistant Teacher in the MCVC course run by respondent No.3 on the ground that there existed backlog of Scheduled Caste, Scheduled Tribe, Vimukta Jatis/Nomadic Tribes and Other Backward Class categories as on 30.12.2002.
It is not in dispute that the petitioner was duly qualified for being appointed as a full time teacher in MCVC Course. The management asked for the permission of the Deputy Director of Vocational Education and Training to fill in the post which became vacant as a result of resignation of one Shri V.R.Ingle and that was granted by communication dated 27.10.1998. The permission granted states that the appointment should be made as per the roster point.
Procedural History
The petitioner was appointed on 07.12.1999. Approval was granted on 04.10.2000 for session 1999-2000 and continued on year-to-year basis. On 17.06.2002, a fresh appointment order was issued. On 03.02.2004, approval was refused. The petitioner filed Writ Petition No. 1522 of 2004 challenging the refusal.
