LAXMAN BABURAO AWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these petitions are interconnected and hence they were clubbed together. In Writ Petition No. 2672 of 2002 the petitioner has challenged the order passed by the Education Officer (Secondary,)Zilla Parishad, Latur holding that the petitioner is junior to Respondent no. 4 Shri. B. K. Suryawanshi, who is the petitioner in writ Petition No. 2678 of 2002. By the said order, the Education Officer (Secondary)called upon the Respondent No. 3 management to forward a proposal for approval appointing Shri Suryawanshi as Head Master.

(2.) THE Deputy Director of Education at Aurangabad addressed a letter to the Education Officer (Secondary), Zilla Parishad, Latur on 3rd july, 2002 referring to the proposal sent by the management on 18th June, 2002 for continuation of the charge of Head, master with the Assistant head Master Shri. Awale for a period of three months and further to direct the management to fill in the post of head Master within the said period of three months. Consequently, the Education Officer (Secondary), zill Parishad, Latur passed an order on 4th July, 2002 and continued the approval of Shri. S. B. Awale as Incharge Head Master for a period of three months with effect from 1st June, 2002. Both these orders dated 3rd July, 2002 and 4th July, 2002 have been assailed in Writ Petition No. 2678 of 2002.

(3.) WHEN these petitions came up for hearing before the learned Single Judge, reliance was placed on the decision of a coordinate Bench in the case of "baliram Maharaj Shikshan Sanstha, Mardi and another v. Education officer (Secondary), Zilla Parishad, Amravati and another" ' by the Petitioner in Writ Petition No. 2678 of 2002 and the learned single judge did not agree with the said view. Consequently by order dated 16th of October, 2002 the registry was directed to place the petitions before the honourable the Chief Justice for his Consideration to make a reference to a larger Bench. By order dated 30th October, 2002 the Honourable the Chief Justice was pleased to make a reference to a Division bench and thus the petitions have been heard by us.