(1.) THE petitioner has approached this Court under Article 227 of the Constitution of India, for his being promoted as a Head Master in the school run by the respondent No. 3 at Sillegaon (Taluka : Gangapur, District : Aurangabad ). Initially the petitioner was aggrieved by the appointments of respondent Nos. 4, 5 and 6 as the Head Masters of three different schools functioning under the society. The petitioner had, therefore, prayed for quashing and setting aside the orders of their appointments as Head Masters.
(2.) WE are informed that from 13th January 1990, the petitioner has now been appointed as the Head Master of the school under the society. What the petitioner is presently praying is the deemed date of his promotion with effect from the dates on which respondent Nos. 4, 5 and 6 were promoted. He is also praying for all other consequential benefits from the deemed date. For that purpose, we will have to consider whether the petitioner was wrongly denied promotion when the promotions of respondent Nos. 4, 5 and 6 were considered.
(3.) BY a letter dated 12-6-1985, the respondent No. 3-Society, had informed the petitioner that under Rule 9, sub-rule (10), Clause ("a"), sub-clause ("i") of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, the post of Head Master was required to be filled in and was earmarked for him. The society required the petitioner to give his willingness for his appointment as Head Master of the school at Sillegaon under the management of the society. Accordingly, the petitioner had conveyed his willingness by his letter dated 12th June, 1985. It appears that meanwhile, he was not appointed but the respondent Nos. 4, 5 and 6 were appointed as the Head Masters of different schools under the management.