NARHAR ANANT DESHPANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution involves an issue regarding the post of Assistant Head Master/head Master, which is an isolated post, on the basis of the law laid down by the Apex Court in the case of (Dr. Chakradhar Paswan v. State of Bihar and others) A. I. R. 1988 S. C. 959 : 1988 (3) S. C. R. 130.

(2.) THE petitioner passed his B. A. degree in 1959, completed Diploma in Education in 1961 and M. A. degree in 1970. He has completed Diploma in Education at Graduates Basic Training Centre, Dhulia conducted by the Education Department of the Government of Maharashtra. He came to be appointed as an Assistant Teacher in Sardar G. G. High School and Junior College with effect from 10th of June, 1963. From 1976 onwards he was teaching to the higher secondary classes upto 1980-81. One Shri M. K. Lohar was Head Master of the said High School and Junior College since August, 1979 and on his retirement on 31st May, 1981. Shri V. B. Dixit, who was appointed as Assistant Head Master, came to be promoted to the post of Head Master from 1st June, 1981 and in the post of Assistant Head Master one Shri P. D. Tadvi was promoted. The petitioner alleges, that he was superseded by Shri Tadvi and only because he belongs to Scheduled Tribes category. Shri Tadvi retired voluntarily as per resolution dated 1st July, 1985 and on 6th July, 1985 the petitioner came to be promoted to the post of Assistant Head Master. However, the said appointment was not approved by the respondent No. 3 vide order dated 7th of October, 1985. The Management therefore passed a fresh resolution on 17th October, 1985 and promoted respondent No. 5 to the post of Assistant Head Master with effect from 21st October, 1985. Consequently the petitioner came to be reverted to the post of Supervisor with effect from 21st October, 1985.

(3.) ON 30th of December, 1986 the respondent No. 3 directed the management to reappoint Shri Tadvi in the post of Assistant Head Master and accordingly a resolution came to be passed and Shri Tadvi was appointed as Assistant Head Master with effect from 5th of January, 1987. As a result, respondent No. 5 came to be reverted in the post of Assistant Teacher. On or about 30th of April, 1987 Shri Dixit, Head Master retired and on 25th of April, 1987 Shri Tadvi came to be promoted to the said post. The petitioner, in turn, was reappointed in the post of Assistant Head Master with effect from 1st May, 1987. Thus, the post of Head Master was occupied by a candidate belonging to Scheduled Tribes and the post of Assistant Head Master came to be occupied by a person from open category. The petitioner claims that he was senior to Shri Tadvi and he ought to have been appointed to the post of Head Master, which cannot be reserved as it was an isolated post. However, the petitioner could not be continued even in the post of Assistant Head Master and the respondent No. 3 by his letter dated 10th February, 1988 directed the Head Master to fill the post of Assistant Head Master as per Clause (b) of sub-rule (10) of Rule 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter called as "the M. E. P. S. Rules, 1981" ). It is also admitted that subsequently by an order dated 25th of April, 1989 the respondent No. 3 approved the appointment of the petitioner as Assistant Head Master and he continued in the same post till 31st of March, 1990 and he was promoted to the post of Head Master on 1-4-1990. On reaching the age of superannuation he retired with effect from 31-10-1995.