The court held that an Educational Institution cannot question the Education Department's decision to direct absorption of a candidate later declared surplus. The aggrieved party is the employee, not the Management. The Writ Petition was dismissed.
Writ Petition dismissed. Interim order revoked.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
Writ Petition No.857 of 2007
(Sant Gadge Maharaj Mahavidyalaya, Hingna .vs. State & Ors.)
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Office Notes, Memoranda of Coram,
appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders.
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
CORAM : D.D.Sinha and Smt. Vasanti A.Naik, JJ. DATE : December 10, 2007.
Heard Mr. P.S.Sadavarte, learned counsel for the Petitioner and Mr.Sambre, learned Government Pleader for the Respondent Nos. 1 and 2.
In the instant case, the Education Officer as well as the Deputy Director of Education directed the petitioner to absorb the respondent no.3 on the post of Assistant Teacher, who was later declared surplus. This action of the respondent is called in question by the petitioner-Sant Gadge Maharaj Mahavidyalaya on the ground that the post is reserved for Scheduled Caste. In our view, it is for the Education Depatment to consider this aspect and it not open for the Institution or concerned School or College to call in question the authority of Deputy Director of Education. In a given case, the person aggrieved is the employee and not the Management. In that view of the matter, we do not propose to show any indulgence in the matter. Hence, the Writ Petition is dismissed.
2
Interim order, if any stands revoked.
JUDGE JUDGE
ssj
2 issues framed by the court
Whether the Institution can question the Education Department's direction to absorb a candidate who is later declared surplus.
Whether the aggrieved party is the employee or the Management in a case of post reservation.
Sant Gadge Maharaj Mahavidyalaya
State
Respondent No.2
D.D.Sinha
Vasanti A.Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
