DADU YESHWANT GAONKAR Vs. STATE OF GOA

JUDGEMENT

(1.) THE petitioner was appointed as a grade-I Teacher on full time on probation with effect from 6-8-1982 and he completed his training qualification in the year 1989. The petitioner was informed vide letter dated 14-9-1992 by the Directorate of Education that he was placed first in the seniority list above respondent No. 6 who had been appointed on full time on probation with effect from 1-9-1983. It may be mentioned here that respondent No. 6 had been initially appointed on probation as part time Grade-I teacher with effect from 1-7-1982. Subsequently, vide letter dated 6th April, 1994, the Directorate of Education informed respondent No. 5 that in view of Circular No. 110 dated 19-1-1994, the seniority list prepared by the School by showing respondent No. 6 above the petitioner was correct. In view of the said change in the seniority, respondent No. 6 was appointed to the post of Principal in the School. The petitioner seeks quashing of the order of seniority vide which respondent No. 6 was placed above him and also the selection of respondent No. 6 as Principal of School. The petitioner also seeks directions to respondents Nos. 1 to 5 to consider afresh the appointment to the post of principal.

(2.) WE have heard learned Advocate Shri Bhise for the petitioner, learned Government Advocate Shri H. R. Bharne for respondents Nos. 1 and 2 and the learned Advocate Shri l. V. Talaulikar for respondent No. 5.

(3.) THE main submission which has been advanced by learned Advocate Shri Bhise before us is that Clause 5 of circular No. 110, on the strength of which, respondent No. 6 has been declared senior to him, is contrary to Rule 87 (1)of the Education Rules, 1986 and that the Circular cannot override the provisions of statutory rules. In order to appreciate the submission made by learned Advocate Bhise, it is necessary to refer to Rule 87 (1) and Clauses 2 and 5 of the Circular No. 110 dated 19-1-1994. Rule 87 (1), upon which reliance has been placed by learned Advocate Shri Bhise reads as under :