LAWS(BOM)-2023-9-463

PRIYA Vs. STATE OF MAHARASHTRA

Decided On September 29, 2023
PRIYA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard.

(2.) By the present petition, the petitioner is challenging the order dtd. 24/5/2023, passed by the Education Officer (Secondary), District-Ahmednagar, whereby the Education Officer has fixed the inter se seniority between the petitioner and respondent no.5, and has declared prima facie respondent no.5 as senior and eligible for the appointment as Headmaster of the school.

(3.) When the petition was taken up for hearing by this court by the earlier bench, objection was raised by respondent no.5 that the alternate remedy is available of approaching the school tribunal against the impugned order and appeal against the impugned order is maintainable under Sec. 9 of the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977 (hereinafter referred to as "the Act").