http://timesofindia.indiatimes.com/india/No-quota-in-case-of-principals-SC/articleshow/7667984.cms
No quota in case of principals: SC
Dhananjay Mahapatra, TNN | Mar 10, 2011, 03.32am IST
NEW DELHI: The Supreme Court dealt a blow to UP's pro-dalit Mayawati
regime by dereserving recruitments to 140 posts of principal in degree
and post-graduate aided and affiliated colleges maintained by local
authorities.
However, the colleges maintained by the state government or colleges
imparting medical education were kept out of the purview of this
ruling as the recruitment of principals follows an estimation of
vacancy in cadre.
A bench comprising Justices V S Sirpurkar and T S Thakur on Tuesday
ordered that the quota regime would not govern recruitment of
principals in affiliated and aided colleges under local authorities as
these were counted as single posts and not bunched together for the
purpose of filling vacancies. The UP Higher Education Services
Commission had on February 2005 issued a notification inviting
application for 140 posts of principals, out of which 87 posts were
available in PG colleges and 53 in degree colleges.
The advertisement did not mention any reservation implying that the
posts were offered in the general/open merit category, the court said.
"We have no hesitation in holding that there is no cadre of principals
serving in different aided and affiliated institutions and that the
principal's post is a solitary post in an institution. Reservation of
such a post is clearly impermissible," said Justice Thakur.
This was because the UP Public Service (Reservation for SCs, STs and
OBCs) Act, 1994, provided for reservation based on the 'cadre
strength' in aided institutions. Moreover, "such strength being
limited to only one post in the cadre is legally not amenable to
reservations in the light of the pronouncements of this court," he
said. It also noticed that posts of principals in secondary schools,
much larger in number than degree and post-graduate colleges, were not
amenable to reservation and have been specifically excluded.
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