DILIP SHANKAR AWARE Vs. BALMOHAN VIDYAMANDIR TRUST

JUDGEMENT

(1.) By this Petition, the Petitioner challenges the judgment and order dtd. 30/8/2018 passed by the learned Presiding Officer, School Tribunal, Mumbai dismissing Appeal no. 28 of 2017 preferred by the Petitioner. In his Appeal, the Petitioner had questioned inter alia his supersession by Respondent no.3 on 1/7/2017. Incidentally, the Petitioner also raised the issue of fixation of seniority in Category 'C' teachers for the secondary school. First Respondent is an Educational Society which has established a prestigious school named Balmohan Vidya Mandir which runs both primary as well as secondary schools. In addition to School at Dadar, Mumbai it appears that the first Respondent-Society also runs another school at Talegaon. The Petitioner joined the services of the Respondent-School on 15/11/1990. At the time of his appointment in the Respondent-School, Petitioner held the qualification of SSC (1987) and D.Ed. (2 years) (1989). Petitioner bettered his qualifications after appointment and acquired the degree of Bachelor of Arts (B.A.) on 18/7/1992. He further bettered his qualifications and acquired the degree of Bachelor of Education (B.Ed) on 3/6/1998. The Respondent-Management prepared seniority list of 'C' category teachers in the secondary school. Petitioner objected to the said seniority in which he was treated to have entered in 'C' category on 3/6/1998 after acquisition of qualification of B.Ed. Petitioner contended that he ought to have entered in 'C' category on acquisition of qualification of B.A. on 18/7/1992. The Education Officer repelled the objection raised by the Petitioner by order dtd. 9/5/2017 and held that the seniority list prepared by the School-Management was in order.

(2.) Based on the seniority list so prepared, Respondent No.3 was promoted to the post of Headmaster in one of the Schools on 1/7/2017. Aggrieved by his supersession, the Petitioner approached the School Tribunal by filing Appeal No. 28 of 2017, and by the impugned judgment and order dtd. 30/8/2018, the Tribunal has proceeded to dismiss the Appeal.

(3.) Mr. Malvankar, the learned counsel appearing for the Petitioner would submit that under Sec. 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation act, 1977, a teacher can raise the issue of seniority while challenging his supersession. He would submit that notwithstanding the order of the Education Officer dtd. 9/5/2017, the Petitioner was entitled to raise the issue of seniority in the School Tribunal in his challenge to the supersession order. In support, he would rely upon judgment of this Court in Sayyad Yousuf s/o Sayyad Moosa vs. State of Maharashtra 2017 (2) Mh.L.J. 472. Even otherwise, Mr. Malvankar would submit that the School Tribunal has not closed the doors on the Petitioner on the basis of Education Officer's order dtd. 9/5/2017 and has considered his grievance relating to seniority on merits. He would submit that the decision of the School Tribunal for grant of seniority to the Petitioner in Category 'C' is in the teeth of judgment of this Court in Sahakar Vidya Prasarak Mandal and Ors. vs. Dinesh Karbhari Kute and Ors Writ Petition No. 1221 of 2022 decided on 11/3/2023. He would submit that in that judgment, this Court has held that a secondary teacher possessing the qualification of D.Ed. (2 years) as per Note-2 to Schedule-F enters 'C' category upon acquisition of qualification of B.A. He would therefore submit that upon clearing the qualification of B.A. on 18/7/1992, the petitioner would necessarily be entitled to seniority in 'C' category as held by the Division Bench of this Court in Gaur Pratibha and Ors. vs. State of Mahaarshtra and Ors. (2019) 4 Bom. CR 100.