SAYYAD YOUSUF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable and heard forthwith with the consent of the learned Counsel for the parties.

(2.) Writ Petition No.6794/2012 is filed against the judgment and order dated 4th of Aug., 2012, passed by the School Tribunal at Latur in Appeal No.14 of 2011. Petitioner was respondent no.3 in the Appeal before the School Tribunal. The aforesaid appeal was filed by present respondent no.3 challenging promotion of the present petitioner on the post of Headmaster with a consequential relief to promote him on the post of Headmaster from 1.1.2003 by setting aside the promotion of the present appellant as Headmaster.

(3.) It was the contention of the present respondent no.3 in the aforesaid appeal that the present appellant was junior to him and could not have been appointed on the post of Headmaster, superseding his claim. As against it, it was the contention of the present petitioner before the School Tribunal that the appeal filed by respondent no.3 was hopelessly barred by limitation and was not entertain able. According to the petitioner, he was appointed on the post of Headmaster w.e.f. 1.1.2003 but till 2011, respondent no.3 did not raise any challenge to his appointment. According to the petitioner, even otherwise, respondent no.3 was not eligible to be appointed as the Headmaster since he was not holding the requisite qualification for such appointment. The School Tribunal, however, has allowed the appeal filed by respondent no.3 and vide the impugned order has directed the school management to appoint respondent no.3 on the post of Headmaster of the School w.e.f. 1.1.2003. Aggrieved thereby, the petitioner has filed the present petition.