PUSHPA SURENDRA DHAKTODE Vs. VERSOVA EDUCATION TRUST

JUDGEMENT

(1.) By an order dated 12th June, 2003, Writ Petition No. 1948 of 2003 was directed to be tagged alongwith Writ Petition No. 683 of 2002 for hearing. In view thereof, both the writ petitions are taken up for final hearing. Writ Petition No. 683 of 2002 is filed by the Petitioner Ms. Pushpa Surendra Dhaktode. By the said writ petition, Ms. Dhaktode has impugned the judgment and order dated 13 December 2001 passed by the School Tribunal, Mumbai. The Petitioner has also sought a mandatory order against the Respondent nos. 1 to 4 to produce the order of appointment of Ms. Pushpa John (Respondent no.4) as Head Mistress of the Respondent no. 2 school and junior college, and after going through the same, quash and set aside the same and direct Respondent nos. 1 to 4 to appoint the Petitioner as Head Mistress in the Respondent no.2 school and junior college. The learned Advocate appearing for Ms. Dhaktode, the Petitioner in Writ Petition No. 683 of 2002 has at the outset submitted that all the reliefs sought by the Petitioner in the writ petition have become infructuous except the relief sought against Ms. Pushpa John, Respondent no.4 to the petition. It is further submitted that since Mr. Vitthal Jankar, the Petitioner in Writ Petition No. 1948 of 2003, has impugned the order of the Presiding Officer, School Tribunal, Mumbai, dated 15th February, 2003 allowing the Appeal No. 37 of 2002 filed by Ms. Pushpa John, the hearing of the said Writ Petition No. 1948 of 2003 be taken up first. It is further submitted that as far as the issue of seniority is concerned, the same may be decided by the Education Inspector as recorded in paragraph 65 of the order dated 15 February 2003 passed by the Presiding Officer, School Tribunal, Mumbai.

(2.) The Petitioner in Writ Petition No. 1948 of 2003, Mr. Vitthal Jankar, is a teacher in the Versova Welfare Association High School and Junior College (Respondent No.2) and claims to be senior to Ms. Pushpa John (Respondent no. 4). Respondent no. 2 is run and managed by the Respondent no. 1 Versova Education Trust registered under the Bombay Public Trusts Act, 1950. Respondent No. 3 is the Education Inspector, Brihan Mumbai, West Zone and is the authority incharge of all the private schools in Greater Mumbai. Respondent no. 4 Ms. Pushpa John was appointed as Head Mistress of Respondent no. 2 from 1 December 2001 and was reverted back to the post of Assistant Teacher on and th from 15 March 2002. However, the order reverting her status was stayed by the Tribunal by its order dated 15 March 2002. Respondent no. 5 Ms. Pushpa Dhaktode is admittedly senior to Ms. Pushpa John, but works as a Teacher in the Respondent no. 2 school and junior college.

(3.) Mr. Vitthal Jankar, the Petitioner in Writ Petition No. 1948 of 2003 has interalia prayed for quashing and setting aside of the judgment and order dated 15 February 2003 passed by the Presiding Officer, School Education Tribunal, Mumbai, in Appeal No. 37 of 2002. By the said judgment and order, the Presiding Officer, School Tribunal, Mumbai, has allowed Appeal No. 37 of 2002 filed by Ms. Pushpa John, Respondent no. 4, on the ground that at the time of her appointment, the School enjoyed minority status and her appointment as Head Mistress ahead of other senior teachers was justified. The subsequent withdrawal / cancellation of the minority status would have prospective and not retrospective effect. The learned Advocate appearing for the Petitioner Mr. Vitthal Jankar has made a similar submission to that made by the Petitioner Ms. Pushpa Dhaktode in Writ Petition No. 683 of 2002, viz. the issue of seniority is pending before the Respondent no. 3 and the same may be decided by the Respondent no.3. The learned Advocate appearing for the Petitioner Mr. Vitthal Jankar has also submitted that he has no objection if Writ Petition No. 1948 of 2003 is taken up first, for final hearing. Accordingly, this Court has first proceeded with the hearing of Writ Petition No. 1948 of 2003.