Case Note & Summary
The appellant, an Assistant Teacher, challenged the order of the School Tribunal and the learned Single Judge which upheld the appointment of a reserved category candidate as Headmaster. The appellant contended that the management ran four schools, including a Girls' School, and thus there were four posts of Headmasters. He argued that the post of Headmistress in the Girls' School should be included for computing 24% reservation for backward class teachers. The High Court, however, relied on the Full Bench judgment in Asha Chakradhar Raut vs. Deputy Director of Education (Sec), Nagpur, 2003 (3) Mh.L.J. 1010, which held that the post of Headmistress in a Girls' School is an isolated post and cannot be clubbed with other schools for reservation purposes. The Court also noted that the later Full Bench in New English High School Association vs. Baldev, 2006 (6) Mh.L.J. 882 did not overrule this position. Consequently, the Court dismissed the appeal, holding that the learned Single Judge and the School Tribunal had correctly applied the law. The Court found no merit in the appellant's argument that the learned Single Judge had acted mechanically.
Headnote
A) Service Law - Reservation - Computation of Posts - Exclusion of Isolated Post - Post of Headmistress in Girls' School is an isolated post and cannot be clubbed with other schools for calculating 24% reservation under Rule 9(7) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The Full Bench in Asha Chakradhar Raut vs. Deputy Director of Education (Sec), Nagpur, 2003 (3) Mh.L.J. 1010 held that such post is cut away from normal school and is not available for reservation computation - The later Full Bench in New English High School Association vs. Baldev, 2006 (6) Mh.L.J. 882 did not overrule this position - Held that the learned Single Judge and School Tribunal correctly applied the law (Paras 4-5).
Issue of Consideration
Whether the post of Headmistress in a Girls' School run by the same management should be excluded from the total number of Headmaster posts for computing 24% reservation for backward class teachers under the Maharashtra Employees of Private Schools Act.
Final Decision
Appeal dismissed. The Court upheld the order of the learned Single Judge and the School Tribunal, holding that the post of Headmistress in the Girls' School is an isolated post and cannot be included for computing 24% reservation.
Law Points
- Reservation for backward class teachers must be computed on total posts in management
- but post of Headmistress in Girls' School is an isolated post excluded from such computation
- Rule 9(7) of Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981
- Full Bench judgment in New English High School Association vs. Baldev
- 2006 (6) Mh.L.J. 882
- Full Bench judgment in Asha Chakradhar Raut vs. Deputy Director of Education (Sec)
- Nagpur
- 2003 (3) Mh.L.J. 1010
