SHAIKH AZIMODDIN ZAINODDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. It is made returnable forthwith. Learned AGP Mr. K.N. Lokhande waives service for Respondent Nos.1 and 2, learned advocate Mr. S.S. Kazi and learned advocate Mr. Tarek Mobin H. Shaikh waive service for Respondent No.3, and learned advocate Mr. P.D. Bachate h/f. Mr. H.P. Randhir waives service for respondent no.4. At the joint request of learned advocates for the petitioner and the learned AGPs, the matter is heard finally at the admission stage.

(2.) The issue involved in the present case is, whether it is mandatory to follow rule of seniority while appointing a Head Master in a school managed by a minority educational institution.

(3.) The issue arises on account of competing claims of the petitioner and respondent no.4 to the post of Head Master in the school managed by respondent no.3. It is common ground that the school managed by respondent no.3 is a minority educational institution. It is also undisputed that the petitioner is senior to respondent no.4 in the seniority list. The petitioner is aggrieved by the grant of approval to the appointment of respondent no.4 on the post of Head Master ignoring his claim.