SATISH RAMCHANDRA KAMDI Vs. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

(2.) The controversy involved in the present case is about the inter se seniority between the petitioner and the respondent No.5, who were working as Assistant Teachers in the Middle School. Undisputedly, for appointment as an Assistant Teacher in the Middle School, the minimum requirement of qualification is of H.Sc. D.Ed as prescribed in Scheduled 'B' under the Maharashtra Employees of Private Schools Rules. On the date of appointment on 13.07.1983, the petitioner was qualified for being appointed as Middle School teacher. Subsequently, he improved the qualification and obtained the degree of B.Ed on 04.07.1994. The respondent No.5 was appointed on 23.07.1983 as untrained teacher and was possessing the qualification of B.A. He acquired B.Ed. Degree on 23.06.1986. It is on the basis of this acquiring of training qualification, the seniority is counted and since the respondent No.5 acquired B.Ed. qualification earlier than the petitioner, he is held to be senior.

(3.) The controversy is no longer res integra in view of the decision of the Apex Court in the case of Viman Vaman Awale vrs. Gangadhar Makhriya Charitable Trust, (2014) 13 SCC 219. The Apex Court has held in paragraph 22 of the decision that the clear and unambiguous criterion for determining seniority is the continuous officiation counted from the date of acquiring the educational qualification as prescribed under Scheduled 'B'.