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
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
Canara Bank Ltd. v. The Warden Insurance Co.
Dr. Chakradhar Paswan Vs. State of Bihar and others reported in AIR 1988 SC 959
Kaushalya Rani Vs. Gopal Singh reported in AIR 1964 SC 260
S. M. Thakur v. The State of Bihar ILR 13 Pat 126 : AIR 1951 Pat 462)
The court emphasized the necessity of adhering to statutory reservation provisions in employment, rejecting claims of isolated post applicability.
Point of law: The proper and correct course is to first fill up the OC quota (50%) on the basis of merit; then fill up each of the social reservation quotas i.e. SC, ST and BC; the third step would b....
The court established that while UGC guidelines mandate department-wise reservation, the existing state rules are not unconstitutional and do not require amendment based solely on the petitioners' cl....
Promotion rights are determined by the rules in force at the time of consideration, not by outdated rules at the time of vacancy creation.
The continuous advertisement of a reserved post for a specified period without a response from reserved category candidates entitles the appointed candidate to de-reservation and service benefits as ....
The judgment affirms the mandatory reservation for persons with disabilities in aided schools, emphasizing compliance with legislative provisions and the management's responsibilities.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.