Case Note & Summary
The petitioners, Women's Education Society and Lady Amrita Daga College for Women, filed a writ petition seeking permission to fill the post of Principal which was falling vacant due to the superannuation of the incumbent on 31.10.2017. The petitioners had submitted proposals to the Joint Director of Higher and Technical Education seeking permission to proceed with the recruitment process. The respondents, including the State of Maharashtra and the Joint Director, had issued a Government Resolution dated 15.03.2012 and subsequent circulars dated 25.05.2017 and 10.07.2017 which were interpreted by the respondents as prohibiting the filling of any posts, including existing sanctioned posts that fall vacant. The Court noted that the Principal was superannuating on 31.10.2017 and the petitioners needed permission to fill the vacancy. The Court had earlier directed the Joint Director to consider the proposal. The learned AGP produced the order dated 03.10.2017 passed by the Joint Director along with the Government Resolution dated 15.03.2012. The AGP submitted that the earlier policy decision dated 25.05.2017 or Circular dated 10.07.2017 need to be construed harmoniously in the backdrop of original G.R. dated 11.02.2016 issued by the Finance Department. She pointed out that the anxiety of the respondents was to reduce financial burden and to reduce the number of posts. According to her, not only creation of new posts but the exercise of filling in existing sanctioned posts after they fall vacant is also prohibited. The Court, after hearing the submissions, held that the Government Resolution dated 15.03.2012 does not prohibit filling of existing sanctioned posts that fall vacant due to superannuation. The Court directed the respondents to consider the proposal of the petitioners for filling the post of Principal in accordance with law, without being influenced by the Government Resolution dated 15.03.2012 or the subsequent circulars. The writ petition was disposed of accordingly.
Headnote
A) Service Law - Filling of Vacant Posts - Government Resolution dated 15.03.2012 - The issue was whether the Government Resolution and subsequent circulars prohibit filling of existing sanctioned posts that fall vacant due to superannuation. The Court held that the Government Resolution dated 15.03.2012 does not prohibit filling of existing sanctioned posts that fall vacant due to superannuation, and the subsequent circulars must be construed harmoniously with the original G.R. dated 11.02.2016. (Paras 5-6)
Issue of Consideration
Whether the Government Resolution dated 15.03.2012 and subsequent circulars prohibit filling of existing sanctioned posts that fall vacant due to superannuation in aided colleges.
Final Decision
The Court held that the Government Resolution dated 15.03.2012 does not prohibit filling of existing sanctioned posts that fall vacant due to superannuation. The respondents are directed to consider the proposal of the petitioners for filling the post of Principal in accordance with law, without being influenced by the Government Resolution dated 15.03.2012 or the subsequent circulars. The writ petition is disposed of.
Law Points
- Government Resolution dated 15.03.2012 does not prohibit filling of existing sanctioned posts that fall vacant due to superannuation
- Circular dated 25.05.2017 and 10.07.2017 must be construed harmoniously with original G.R. dated 11.02.2016
- Financial burden reduction does not extend to preventing filling of existing vacancies
