JAYMALA N DIDDEE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, returnable forthwith by consent Respondents waive service of notice. By consent, petition taken up for final hearing.

(2.) BY this petition the petitioner seeks to challenge the advertisement issued by the University of Pune on 15th of March, 1993, by which 100% reservation is made in the cadre of permanent posts of Professors. By the said advertisement, item No 7 is indicated as reserved for S. T. Item No. 8, which also deais with Geography, indicates reservation for S. C. There is no dispute that Item No. 8 is a permanent reservation. The dispute is only with regard to item No. 7 where reservation is made in the permanent post of a Professor for S. T. The facts of the case, briefly, are as follows.

(3.) THE petitioner is Master of Science in Geography. She has done Ph. D. in Settlement Geography and she is a Research Scientist in Geography. The petitioner fulfills all the requisite qualifications for the post of Professor in the Department of Geography of the University of Pune. She joined the university of Pune in the year 1978 as a Lecturer in the said Department of geography. In 1991 she was selected as a Reader in the said Department. As stated above, there are two posts of Professors in the said Department which are filled in by selection on merit. Both the posts require specialisation in Geography in addition to the requisite qualifications. In the University of Pune there are various Departments and various posts of Professors in each department for which separate qualifications are also prescribed. This is also clear from the advertisement dated 15th March, 1993. However, the university has applied 100% roster system while filling in the posts of Professors in the various departments. The University while applying the said 100% roster system has taken into consideration all the vacant posts of professors in all departments and has made reservation to the posts of professors and consequently the impugned advertisement is issued for the said posts. By the said advertisement, as stated above, there is only one post kept reserved for S. T. The second post is kept permanently reserved for s. C. candidate, and the therefor indicates 100% reservation. Being aggrieved by the said advertisement and the order of making the second post reserved for S. T. , the present writ petition has been filed.