The Bombay High Court on Tuesday ruled that there can be no reservation for the post of a principal and emphasised that the post should be filled only on the basis of merit.
The Bombay High Court on Tuesday ruled that there can be no reservation for the post of a principal and emphasised that the post should be filled only on the basis of merit.
Stating that the Supreme Court had observed that the application of reservation in relation to certain services is not advisable, justice DK Deshmukh and justice VM
Kanade said that “one such post indicated is of a principal.”
The HC quashed a 2001 directive issued by Mumbai University reserving the post of principal for the backward class category in the Arts and Commerce College run by Vidya Prasarak Mandal, a Thane-based public trust that runs arts, commerce, science and other professional colleges in the state.
The mandal’s woes began in 2000 when SW Gokhale, the principal of its Arts and Commerce College, retired. Being affiliated to the Mumbai University, it sought sanction to appoint a new principal.
In 2001, the varsity issued the directive, which was based on a 1999 circular issued by the state government’s education department, and asked the trust to take steps to appoint a principal belonging to the backward class category.
The mandal moved court challenging the reservation for the post. The HC quashed both the 1999 circular and the 2001 directive issued by the university. The judges stated that “the university statute does not provide for making of reservations in the post of principal but on the contrary, the statute unequivocally lays down that appointment to the post of principal shall be made on merit and not on communal or caste consideration.”
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