2025:BHC-NAG:14231-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

WRIT PETITION NO. 7862 OF 2025

Vivekananad Seva Sangh, Thr. Its Sec. Arvind Gulabrao Tatte

Vs

State Of Maha. Dept. Of School Education, Thr. Its Secretary And Others

Office Notes, Office Memoranda of Court's or Judge's Order

Coram, appearances, Court's Orders

or directions and Registrar's order

Mr. U.J. Deshpande, counsel for petitioner.

Ms. T.H. Khan, AGP for respondent Nos. 1 to 4.

CORAM : ANIL S. KILOR and RAJNISH R. VYAS, JJ.

DATE : 10/12/2025.

1. The prayer made in this petition is to hold and declare that the order dated 7/5/2025 is arbitrary and perverse. A further prayer is made to direct the respondent No.2 to verify and approve the 100-

Point Roster of the schools run by Petitioner-Trust expeditiously.

2. By communication dated 7/5/2025, respondent No.2 refused to approve the 100 Point Roster, placing reliance on Government Resolution dated 5/12/1994 and Section 4 (2) of the Maharashtra State Public Services Reservation for Schedules Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward

Category and other Backward Classes Act, 2001.

3. Learned counsel for the petitioner briefly submits that the issue involved in this petition is covered by the judgment in case of Nilesh Mahadeorao Dhakare Vs State of Maharashtra and others reported in 2014 (2) Mh.L.J., more particularly paragraphs 8, 9 and 10 which

reproduced as under :-

“8. The object behind enacting the Act of 2001 is to provide for the reservation of vacancies in public services and posts in favour of persons belonging to the Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category and Other Backward Classes of citizens. The constitutional right of reservation is thus sought to be implemented by providing for reservation in various public services. On reading of the Act of 2001 as a whole, it is clear that Section 4(1) does not permit posts reserved for a particular category to be filled in by candidates not belonging to such category. However, the same is subject to the exception as provided by the proviso to Section 6(1) of the Act of 2001 namely that if on the date of commencement of the Act of 2001 any Government order regarding filling up the posts in case of non-availability of Backward Class candidates are in force, the same shall continue to be in force unless modified or revoked by the Government. Further in view of provisions of Section 14 of the Act of 2001 the provisions of the Act of 2001 are in addition to and not in derogation of the provisions contained in any other Act for the time being in force. Thus it is clear that if there is any other Government order with regard to filling up the posts in case of non-availability of backward class candidates on the date of commencement of the Act of 2001, the same shall continue to be in force unless modified or revoked.

9. Insofar as the Act of 1977 is concerned, Section 5 thereof casts an obligation on a Management of a private school to fill in every permanent vacancy in the manner prescribed. Rule 9 of the Rules of 1981 deals with the manner of appointment of staff and Rule 9(9) deals with the manner in which a teaching post which is reserved for Backward Classes is to be filled in.

Thus, while the object of the Act of 2001 is to provide for reservation of vacancies in public services, Rule 9(9) prescribes the manner in which a reserved vacancy is to be filled in. It would therefore be necessary to harmoniously construe provisions of the Act of 2001 and the Rules of 1981 so that the object sought to be achieved by the Act of 2001 is not defeated and the manner in which such reserved vacancy is to be filled in as prescribed by Rule 9(9) (a) is not violated. A purposive construction of said provisions is therefore necessary.

10. Thus viewed, the proviso to Section 6(1) of the Act of 2001 provides the answer to the issue as raised in the writ petiti