Case Note & Summary
The petitioner, Varsha Manohar Dhongade, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, Bench at Aurangabad. She sought a writ of mandamus against respondent nos.1 and 2, the Marathwada Legal and General Education Society and the Principal of Mahila Kala Mahavidyalaya, Aurangabad, directing them to apply for de-reservation of the post of Lecturer in English reserved for Scheduled Tribes and to take necessary steps for de-reservation as per Government Resolution dated 5th December 1994. Additionally, she sought a writ of certiorari to quash the decision of the Management Council of Dr. Babasaheb Ambedkar Marathwada University (respondent no.3) which rejected the recommendations of the University Grievance Redressal Committee regarding regularization of her services. The petitioner was employed as a Lecturer in English at the college run by respondent no.1 society. The post was reserved for Scheduled Tribes, and the petitioner, who did not belong to that category, sought de-reservation to facilitate her regularization. The University's Grievance Redressal Committee had recommended regularization, but the Management Council rejected it. The court examined the facts and submissions, noting that the petitioner failed to establish any legal right to compel de-reservation or to challenge the Management Council's decision. The court found no illegality or arbitrariness in the impugned decision and held that the petitioner was not entitled to the reliefs sought. Consequently, the writ petition was dismissed.
Headnote
A) Service Law - De-reservation of Posts - Government Resolution dated 5th December 1994 - Writ of Mandamus - The petitioner sought a writ of mandamus directing the management to apply for de-reservation of the post of Lecturer in English reserved for Scheduled Tribes. The court held that the petitioner failed to establish any legal right to seek such a direction, as the Government Resolution does not confer an individual right to compel de-reservation. (Paras 1-2)
B) Service Law - Regularization of Services - University Grievance Redressal Committee - Writ of Certiorari - The petitioner sought quashing of the Management Council's decision rejecting the recommendations of the University Grievance Redressal Committee for regularization of her services. The court held that the petitioner did not demonstrate any illegality or arbitrariness in the decision, and thus no writ of certiorari could be issued. (Paras 1-2)
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the respondent nos.1 and 2 to apply for de-reservation of the post of Lecturer in English reserved for Scheduled Tribes and to take necessary steps for de-reservation of posts as provided under Government Resolution dated 5th December 1994, and whether the petitioner is entitled to a writ of certiorari quashing the decision of the Management Council of the University rejecting the recommendations of the University Grievance Redressal Committee for regularization of her services.
Final Decision
The writ petition is dismissed.
Law Points
- Writ of mandamus
- writ of certiorari
- de-reservation of posts
- regularization of services
- Government Resolution dated 5th December 1994
- Article 226 of the Constitution of India
Case Details
2017 LawText (BOM) (12) 17
WRIT PETITION NO.4457 OF 2006 with CIVIL APPLICATION NO.11013 OF 2008
R.D. Dhanuka, Sunil K. Kotwal
Ms. Pradnya Talekar for the petitioner, Mr. S.P. Shah for the respondent nos.1 and 2
Varsha D/o Manohar Dhongade
The Marathwada Legal and General Education Society, The Principal, Mahila Kala Mahavidyalaya, Dr. Babasaheb Ambedkar Marathwada University
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking writ of mandamus and writ of certiorari.
Remedy Sought
Petitioner sought writ of mandamus directing respondent nos.1 and 2 to apply for de-reservation of post of Lecturer in English reserved for Scheduled Tribes and to take steps for de-reservation as per Government Resolution dated 5th December 1994, and writ of certiorari quashing the decision of the Management Council of the University rejecting recommendations of the University Grievance Redressal Committee for regularization of her services.
Filing Reason
Petitioner's services as Lecturer in English were not regularized due to the post being reserved for Scheduled Tribes, and the Management Council rejected the Grievance Redressal Committee's recommendation for regularization.
Previous Decisions
The University Grievance Redressal Committee recommended regularization of petitioner's services, but the Management Council of the University rejected the recommendations in its meeting held on 29th January 2003.
Issues
Whether the petitioner is entitled to a writ of mandamus directing the respondent nos.1 and 2 to apply for de-reservation of the post of Lecturer in English reserved for Scheduled Tribes and to take necessary steps for de-reservation as provided under Government Resolution dated 5th December 1994.
Whether the petitioner is entitled to a writ of certiorari quashing the decision of the Management Council of Dr. Babasaheb Ambedkar Marathwada University rejecting the recommendations of the University Grievance Redressal Committee for regularization of her services.
Submissions/Arguments
Petitioner argued that the respondent nos.1 and 2 were obligated to apply for de-reservation under Government Resolution dated 5th December 1994 and that the Management Council's decision rejecting the Grievance Redressal Committee's recommendation was arbitrary.
Respondent nos.1 and 2 contended that the petitioner had no legal right to compel de-reservation and that the Management Council's decision was valid.
Ratio Decidendi
The petitioner failed to establish any legal right to seek a writ of mandamus for de-reservation of the post or a writ of certiorari to quash the Management Council's decision. The court found no illegality or arbitrariness in the impugned decision.
Judgment Excerpts
By this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks writ of mandamus against the respondent nos.1 and 2 i.e. The Marathwada Legal and General Education Society and the Principal respectively to apply for de-reservation of post of Lecturer in English reserved for Scheduled Tribes and to take necessary steps for de-reservation of posts, as provided under Government Resolution Dated 5th December 1994.
The petitioner also seeks a writ of certiorari for quashing and setting aside the decision of the management Council of Dr. Babasaheb Ambedkar Marathwada University, the respondent no.3 herein by which the recommendations of the University Grievance Redressal Committee in respect of regularization of services of the petitioner in its meeting held on 29th January 2003 was rejected.
Procedural History
The petitioner filed Writ Petition No.4457 of 2006 along with Civil Application No.11013 of 2008 before the High Court of Judicature at Bombay, Bench at Aurangabad. The petition was reserved on 12th October 2017 and pronounced on 20th December 2017.
Acts & Sections
- Constitution of India: Article 226
