VIJAYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.

(3.) The petitioner in Writ Petition No.2633/2016 viz. Vijaya Jadhav earlier had filed Writ Petition No.5891/2015 before this Court. The said Writ Petition was disposed of by the Division Bench on 20.11.2015 and a direction was given to the Education Officer (Secondary), Zilla Parishad, Jalgaon, to hear the parties, allow them to place on record the documents and take a decision about the issue of appointment of a fulltime Head Mistress/Headmaster on regular basis in the respondent school, keeping in view the provisions of the Maharashtra Employees of Private Schools (Condition of Service) Rules, 1981 (for short 'the Rules of 1981). In pursuance of the said directions, respondent no.2 Education Officer (Secondary) heard the parties so as to take decision about who is entitled for the appointment as full time Headmistress. Upon perusal of the impugned order, it appears that the parties were heard, the necessary record was perused by respondent no.2 and thereafter, in the light of the provisions of the MEPS Rules, respondent no.2 had taken a decision on 08.02.2016 that the petitioner in Writ Petition No.2633/2016 Vijaya Jadhav is senior to the petitioner in Writ Petition No. 1807/2016, viz. Vijayalaxmi Patil, incharge Headmistress, and therefore, Smt. Vijaya Jadhav, is eligible for appointment to the post of Headmistress. The relevant portion from the impugned communication dated 08.02.2016 in Writ Petition No.1807/2016, between the Education Officer (Secondary), Zilla Parishad, Jalgaon and respondent no.1 reads as under: