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Showing contexts for: 100 % reservation in Dr.Smt.Savitri Kumari Singh vs The State Of Bihar & Ors on 2 August, 2016Matching Fragments
, passed in C.W.J.C. No.15917 of 2008, allowing the prayer of the writ petitioner that there can be no reservation in matters of appointment of Principal of Colleges under the VKS University inasmuch as the same is an isolated post and there can be no reservation for such post as it will amount to 100% reservation.
4. In coming to the aforesaid conclusion that the post of Principal is a single cadre post and such post cannot be Patna High Court LPA No.226 of 2009 dt.02-08-2016 grouped together for the purposes of reservation, the learned Single Judge heavily relied upon the Division Bench judgment of this Court in the case of Dr. Mrs. Annapurna Devi Vrs. State of Bihar and others, reported in 1997 (1) PLJR 965, and in particular paragraph 5 thereof, which is quoted hereinbelow:
6. The submissions of the writ petitioner before the Writ Court were as follows:
(i) Every college is an independent unit with only one post of Principal and reservation, on such a post, will amount to 100% reservation, which is impermissible in law;
(ii) The University Statute, bearing No. BSU-40/81-
732-GS, dated 30.7.1982, which prescribed reservation for Officers and Non-teaching staff, provides that each college (constituted or affiliated) has to be treated as a separate unit of reservation inasmuch as each constituent college, unlike Post Graduate Department, is an independent unit and has own Controller of Examination and there can be no reservation to single cadre post either directly or indirectly; and
8. The learned Single Judge, on consideration of cases of the parties, accepted the plea of the writ petitioner that the post of Principal is an isolated post and, as such, any reservation, for such post, would amount to 100% reservation.
9. The learned Single Judge, relying upon the decision in Dr. Mrs. Annapurna Devi (supra), observed that a Principal is, first, a teacher and his/her appointment, as Principal of a particular college, is necessarily to be correlated to his/her educational qualification and teaching experience in the concerned subject. For instance, a Science teacher cannot be appointed as a Principal of Law College, when Science is not Patna High Court LPA No.226 of 2009 dt.02-08-2016 one of the subjects taught in a Law College. Similarly, the Principal of Law College cannot be vice versa appointed as a Principal of a Science College, when he has no teaching experience and necessary qualification of a Science teacher.
32. We, for the reasons discussed in the foregoing Patna High Court LPA No.226 of 2009 dt.02-08-2016 paragraphs, set aside the order of the learned Single Judge that the Principal of a college is an isolated post and no reservation would be permissible as it would amount to 100% reservation. We also set aside the order quashing the advertisement and directing issuance of fresh advertisement without reservation. We further hold that the order of the learned Single Judge only hold good in respect of a single faculty college.