VILAS KUNDLIK MORE Vs. EKNAT POPAT PATIL

JUDGEMENT

(1.) By this Writ Petition, Petitioner seeks to challenge the impugned Order dated 31/7/1995 passed by the School Tribunal in Appeal No.93 of 1992.

(2.) The facts giving rise to this Writ Petition, briefly, are as follows.

(3.) Hindustan Organic Chemicals Ltd., Rasayani, a Company registered under the Companies Act, constructed a School Building in 1966. On and from 2/10/1966, the Company conducted and managed a Secondary School known as Rasayani School mainly for the Education of children of the employees working in Hindustan Organic Chemicals Ltd. Deccan Education Society - Respondent No.2 herein is an Educational Institution running approximately 15 Schools in Western Maharashtra. For better and efficient management of Rasayani School, the said Company decided to transfer its Administration and Management to Deccan Education Society vide Agreement dated 15/6/1974. The said Agreement was to take effect from 26/6/1974. Before transfer, the approval of the State Government was also obtained. Under the said Agreement of 1974, the Society agreed to manage and conduct the Rasayani school on the terms and conditions incorporated in the Agreement. Respondent No.1 herein was appointed as an Assistant Teacher in the Rasayani School on 9/6/1975. He belonged to Open Category. He passed Drawing and Painting Diploma in 1974. He obtained Art Master Certificate in 1975. He passed his B.A. in 1987. Thereafter, he did his M.A. in History. Petitioner herein belongs to Reserved Category (S.C.). He passed his B.A. in 1979. He obtained B.Ed (Physical) in 1981. He was also appointed as an Assistant Teacher in Rasayani School on 15/6/1981. By an Order dated 1/6/1992, Petitioner came to be promoted as Head of Rasayani School on the footing that the said post was reserved post. The said Order dated 1st June, 1992 was challenged before the Tribunal by way of Appeal No.93 of 1992 by Respondent No.1. According to Respondent No.1, the post was an isolated post. According to Respondent No.1, Rasayani School was an independent Institution managed and run by the Society. According to Respondent No.1, he was duly qualified for appointment to the post of the Head of the Rasayani School. According to Respondent No.1, Shri Deo, the then Head of the Rasayani School retired on 27/10/1991 and, thereafter, Shri Kulkarni the Respondent No.3 was holding charge of the said post till the end of academic year 1991-92. In paragraph 6 of the Memo of Appeal before the Tribunal, it was further pointed out by Respondent No.1 that Shri Kulkarni, Smt Limaye, Shri Mutha and Smt. Joshi who were senior to him and qualified for promotion were not willing to work as the Head of the Rasayani School and, therefore, the impugned Order dated 1/6/1992 was not challenged by them. According to Respondent No.1, the impugned Order of promotion of the Petitioner to the Head Master of the Rasayani School amounted to illegal supersession and in the circumstances he had preferred the Appeal to the School Tribunal. Respondent No.1 also relied upon the terms and conditions of transfer of the Rasayani school by Hindustan Organic Chemicals Ltd. in favour of Deccan Education Society. He also produced Certificate indicating his educational qualifications for holding the post of the Head of the Rasayani School. He also relied upon the Seniority List wherein his name appeared at Serial No.6 as against Serial No.21. At Serial No.21, the name of the Petitioner is indicated in the Seniority List. The sum and substance of the Appeal preferred by Respondent No.1 was that the post of the Head Master of Rasayani School was an isolated post to which reservation did not apply.