MRS. ANITA DESAI Vs. STATE OF GOA

JUDGEMENT

(1.) M.S. Jawalkar, J 1. Rule. Rule made returnable forthwith at the request and by consent of the parties. Learned Counsel appearing for the respective respondents waive service.

(2.) The petitioner claims to be the senior most teacher under the feeder cadre, when it comes to the promotion to the post of Principal of Shantadurga Higher Secondary School, Sancoale, which is an aided institution in terms of the Goa School Education Act and Rules. The petitioner joined as a Grade - I teacher in Shantadurga Higher Secondary School, Sancoale, Cortalim-Goa vide appointment order dtd. 16/9/1995. A seniority list of Shantadurga Higher Secondary School, Sancoale, was prepared in the year 2009-10 in terms of the Goa School Education Act and Rules 1978, and was confirmed by respondent no.2 and accepted by all the concerned parties. Mrs. Sandhya M. Redkar, who was at serial no.1 in the seniority list and holding the post of Principal of respondent no.6, unfortunately passed away on 7/11/2020. The said post has not been filled on regular basis for more than seven months.

(3.) The petitioner made several representations to appoint her as a Principal being senior most in the seniority list. Petitioner also pointed out that in the year 2018 when late Mrs. Sandhya S. Redkar had proceeded on leave the charge of incharge principal was handed over to the petitioner for a period of 45 days. It is pointed out that on 4/1/2021, Shantadurga Education Society of the school passed resolution that the petitioner should be appointed as the headmistress of the said school. Inspite of several representations to implement the resolution, the respondent no.2 - Managing Committee of Shantadurga Higher Secondary School, through its chairman, proceeded to appoint one Mr. Mario Diniz - respondent no.5 as Incharge Principal of respondent no.6 - school vide order dtd. 20/4/2021.