Bombay High Court
Shikshan Prasarak Mandal vs University Of Mumbai And Ors on 30 September, 2024
Author: A. S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-OS:15279-DB
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WP 2382 OF 2003
Digitally signed
by KANCHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2024.10.04
14:03:52 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2382 OF 2003
Shikshan Prasarak Mandali, )
Sharda Sabha Gruh, S.P. College Campus,)
Pune - 411 030 ) ..... Petitioner
VERSUS
1. The University of Mumbai, Fort, )
Mumbai. )
2. The State of Maharashtra, )
Sachivalaya, Bombay 400 032 )
3. Joint Director, Higher Education, )
Mahanagar Palika Marg, Mumbai - 400 001)
4. Director of Higher Education, )
Maharashtra State, Pune - 411 041 ) ..... Respondents
Mrs. Meena Doshi for the Petitioner.
Mr. Rui Rodrigues a/w. Ms. Jaimendra Sheth for the Respondent
No.1.
Mrs. Uma Palsuledesai, Assistant Government Pleader for the
State - Respondent Nos. 2 to 4.
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 30th SEPTEMBER, 2024
::: Uploaded on - 04/10/2024 ::: Downloaded on - 04/10/2024 22:59:16 :::
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WP 2382 OF 2003
JUDGMENT :
(Per A. S. Chandurkar, J.)
By this writ petition filed under Article 226 of the
Constitution of India, the petitioner, a society registered under
the Societies Registration Act, 1860 and which runs various
educational institutions seeks a direction to be issued to the
University of Mumbai to depute the Selection Committee for
selection of a candidate on the post of the Principal at the R. A.
Podar College, Mumbai. It has also sought to challenge the
letters dated 8th August 2003, 27th August 2003 and 22nd
September 2003 by which it was informed that the post of
Principal could not be treated as an isolated post.
2. While issuing Rule in the writ petition, interim relief was
granted and the University was directed to send its nominee so as
to constitute the Selection Committee for appointment of the
Principal on the vacant post. Pursuant thereto such appointment
has been made.
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3. The learned counsel for the petitioner by relying upon the
decision of this Court in Writ Petition No. 3997 of 1993
(Shikshan Prasarak Mandali vs. Vice-Chancellor, University of
Pune, Pune & Another) dated 9th November 1993 submits that in
respect of its college at Pune, a similar issue with regard to the
post of Principal had arisen. It was held that there could be no
reservation while filling in such isolated post. It was submitted
that similar situation arises in this writ petition since there is only
one post of Principal at the R. A. Podar College affiliated to the
University. Reference has been made to the Government
Resolution dated 23rd September 2016 by the Department of
Higher and Technical Education in that regard. Reliance is
placed on the decision in AIR 1988 SC 959 (Dr. Chakradhar
Paswan vs. State of Bihar & Ors.), (2011) 4 SCC 120 (State of
Uttar Pradesh & Others vs. Bharat Singh & Ors.) and (2020) 19
SCC 543 (R. R. Inamdar vs. State of Karnataka & Ors.) to submit
that an isolated post could not be subjected to any reservation. It
was thus prayed that the relief prayed for in the writ petition be
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granted.
4. The learned counsel for the University has relied upon the
affidavit of its Deputy Registrar dated 27th September 2024. It
has been stated therein that initially as per the Government
Resolution dated 20th January 1990 in case the management was
running more than one college in the State, the post of Principal
in such colleges were to be clubbed together. However, in view
of Government Resolution dated 23rd September 2016, the
reservation policy was not applicable to the post of Principal. A
letter dated 14th March 2024 issued by the Department of Higher
and Technical Education was issued to the University in that
regard. It was thus submitted that in the light of the aforesaid,
the writ petition be decided.
5. We find that the legal position in this regard stands well
settled that in case of an isolated post, the policy of reservation
would not be applicable. It is not in dispute that there is only
one post of Principal at the R. A. Podar College run by the
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petitioner. In view of the decisions relied upon by the learned
counsel for the petitioner as well as the Government Resolution
dated 23rd September 2016 issued by the Higher and Technical
Education Department, we find that the petitioner is entitled to
succeed in the writ petition.
6. Hence, for the aforesaid reasons, the writ petition is
allowed in terms of prayer clause (a) which reads as under :-
(a) That this Hon'ble Court be pleased to declare
then post of Principal in R.A. Podar College, Mumbai
as an isolated post.
7. The respondent no.1 - University shall take necessary
consequential steps in terms of prayer clause (b) which reads as
under :-
(b) that this Hon'ble Court be pleased to issue a
writ of mandamus or any other writ, order or
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direction be issued to Respondent No.1 to send a
Selection Committee for selection of candidate for
the post of Principal in R.A. Podar College, Mumbai,
so also directing Respondent No.1 to withdraw the
letters dated 8th August, 2003, 27th August, 2003 and
22nd September, 2003 (at Exhibits O-12 to O-14 to
the petition).
8. Rule is made absolute in the aforesaid terms. No order as
to costs.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
