The Bombay High Court dismissed the Writ Petition challenging a Linguistic Minority Institution's advertisement for faculty posts without reservation.
Writ Petition dismissed.
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.
(2)-WP-10013-16.doc .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10013 OF 2016
Dr. Digambar Mahadev Zombade and another ..Petitioners
Versus
The Secretary, Sangameshwar Education Society, Sangemshwar College, Solapur and others
..Respondents
None for the Petitioners. None for the Respondents.
CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J.
DATE : 25th JUNE, 2019
P.C.
1] Notwithstanding none appearing for the Petitioners at the hearing today; further noting that the Writ Petition is being taken up for a preliminary hearing today, we have perused the averments made in the Writ Petition and the prayer made therein. As pleaded in the Writ Petition, the 2nd Respondent college was accorded status of a Linguistic Minority Institution for the academic year 2014-2015 onwards as per communication dated 6th February 2015. It is pleaded
1 o f 3
BGP.
(2)-WP-10013-16.doc .
in the Writ Petition that till the academic year 2014-2015, 5 posts out
of 17 in the teaching faculty were to be filled up from members of the reserved communities. Challenge is to an advertisement issued by the 2nd Respondent on 07.09.2015 to fill up the posts without reservation for members of the Scheduled Caste and Scheduled Tribe.
2] It is prayed in the Writ Petition that such vacancies which had accrued prior to Respondent No.2 being conferred with the status of a Linguistic Minority Institution should be filled up as per the reservation policy of the State.
3] No provision of law has been pleaded in the Writ Petition for said proposition of law asserted.
4] Prima-facie, once an institution is conferred status of a Linguistic Minority Institution, it would be entitled to make appointments dehors the reservation policy unless there is a legislation enjoining upon the minority institution to give effect to the reservation policy of the State.
5] Be that as it may, appointments pursuant to the BGP. 2 o f 3
(2)-WP-10013-16.doc .
advertisement issued on 07.09.2015 would have been made by now.
6] The Writ Petition is dismissed.
N. M. JAMDAR, J CHIEF JUSTICE
BGP. 3 o f 3
3 issues framed by the court
Whether vacancies accrued prior to the conferral of Linguistic Minority Institution status should be filled in accordance with State reservation policy or the institution's posted advertisement.
Whether a Writ Petition maintained by an individual student is maintainable against a minority educational institution's appointment process.
Did the qua locum stand TG of the Writ Petitioner have a right to challenge the advertisement under Article 226 of the Constitution, India?
Dr. Digambar Mahadev Zombade and another
The Secretary, Sangameshwar Education Society and others
Pradeep Nandrajog
N. M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
