S.D. KANGUTKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this Writ Petition, Petitioner seeks to challenge the Resolution dated 17.9.1980 (Exhibit -B to the Petition) and also the action of Respondents Nos. 2 and 3 in not appointing the Petitioner to the post of the Principal on the ground that the post stood reserved and was not available to the Petitioner as he belonged to the open category.

(2.) THE facts giving rise to this Writ Petition, briefly, are as follows.

(3.) THE short point which arises for consideration in the present case is: whether the reservation was permissible to single isolated post cadre? In view of the Judgment of the Supreme Court in the case of Post Graduate Institute of Medical Education and Research, Chandigarh v. Faculty Association and Ors. : [1998]2SCR845 , the point is no more res integra. By the said Judgment, the Supreme Court has held that no reservation is permissible in single isolated post cadre. In the present case, it is not in dispute that the post of the Principal in question is an isolated post. Under the above circumstances, the order passed on 21.12.1988 by Respondent No. 2 is required to be set aside.