Hyderabad: The Hyderabad High Court made it clear that reservations cannot be claimed in B and C category seats in private unaided medical colleges in the absence of legislation or an executive order providing quotas.
A division bench comprising Justice V. Ramasubramanian and Justice Anis was dismissing a petition filed by Chilumuri Saraya and four others belonging to SC and BC communities urging the court to declare that the rule of reservation applied even to B Category seats in un-aided private educational institutions.
Relying on the decision of the Supreme Court in Gulshan Prakash and others versus State of Haryana, the bench dismissed the petition holding that in the absence of any legislative mandate or executive orders, and when there is no agreement between the government and the Association of Managements to apply the rule of reservation in management quota seats, no one could claim reservation.
C.A.T. order on I-T officer set aside
The High Court set aside two orders passed by the Hyderabad bench of the Central Administrative Tribunal in favour of Dr Uppuleti Devi Prasad, commissioner of income-tax (appeals)-V, Hyderabad, and husband of YSRC MLA U. Kalpana by quashing a charge memo issued against him as well as an order of the I-T department deleting his name from the approved list of officers for promotion to principal commissioner of income-tax.
A division bench of Justice V. Ramasubram-anian and Justice G. Shyam Prasad was allowing two petitions by the Centre, the CBDT, the Chief Commissioner of Income Tax and two others.
The I-T department had slapped a charge memo on Dr Prasad for disposing of an appeal filed by an assessee out of turn, without obtaining the approval of the Chief Commissioner of Inco-me-Tax, and acting with an ulterior motive.
He had moved the CAT. Even as the petition was being heard, the CBDT deleted his name from the list of candidates for promotions. He moved another application.
The tribunal quashed the memo stating that he performed quasi-judicial functions and no disciplinary proceedings could be initiated against him. It also directed his promotion. Quashing these orders, the bench directed CBDT to complete the inquiry in three months.
