MADHUKAR DATTATRAYA GHOLAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Pursuant to the order dated 18th October, 2008, this petition is being finally heard and disposed of at the stage of admission itself.

(2.) The petitioner by this petition, filed under Articles 226 and 227 of the Constitution of India, is seeking directions against the respondent Nos. 1 and 2 to ensure compliance of the directions contained in the communication dated 29th February, 2007 and 16th January, 2008, whereby and whereunder the respondent No. 3, the School Management was directed to appoint the petitioner as Head Master with effect from 1 st June, 2007 with further direction to pay difference of salary and other emoluments together with arrears thereof to which he may be entitled to. The Facts :

(3.) The factual matrix reveals that the petitioner claimed to be appointed as Head Master of the school run by the respondent No. 3 Society consequent upon retirement of one Shri Khambekar on 31st March, 2007 since one of the posts of Head Masters out of two was to be treated under reservation as per the Government Resolution dated 21st April, 2004. According to the petitioner, the respondent No. 5, being junior to the petitioner in backward class seniority list, was not entitled to be appointed as Head Master though the Education Officer had issued instructions to the School Management to promote respondent No. 5 to the post of Head Master vide its communication dated 14th February, 2007.