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2023 Supreme(Bom) 1331

MANGESH S. PATIL, SHAILESH P. BRAHME
Marathwada Legal and General Education Society, Aurangabad Through its Secretary Dr. Smt. Kalpalata Patil Bharaswadkar – Appellant
Versus
Babasaheb Ambedkar Marathwada University – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Ajay S. Deshpande, Advocate
For the Respondent: Shri S. S. Thombre, Shri S.G. Sangle, Adv

JUDGMENT :

Shailesh P. Brahme, J.

Rule. Rule is made returnable forthwith. With the consent of the parties taken up for final hearing at the admission stage.

2. The petitioner is an educational institution which runs Manikchand Pahade Law College, Aurangabad (hereafter referred as to the ‘Law College’) and Dr. (Smt.) Indirabai Bhaskarrao Pathak Mahila Arts, Commerce and Science College, Aurangabad (hereinafter referred as to the ‘Mahila college’). Both the colleges are aided colleges. The law college was established in the year 1956, whereas Mahila College was established in the year 1971. The petitioner is challenging the communications dated 11.03.2022, 04.05.2022, 24.06.2022, and 14.09.2022 issued by respondent Nos. 1, 2 and 5 thereby insisting the petitioner institution to get the roster verified from the competent authority and treating the posts of Principal of these two colleges amenable to the policy of reservation. The claim of the petitioner that principal is an isolated post and reservation policy is not applicable stands rejected, impliedly.

3. It is the case of the petitioner that the post of principal in the Mahila College fell vacant on 01.05.2022 because of the superann

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