DOMINIC ARAUJO Vs. STATE OF GOA

JUDGEMENT

(1.) The controversy in this petition centers round Note II incorporated under sub-rule (5) of Rule 80 of the Goa, Daman and Diu School Education Rules, 1986 for short the Education Rules made under section 29 of the Goa, Daman and Diu School Education Act, 1984. According to the petitioner Trained Graduate Teachers is a distinct and separate category from other categories and the post of a supervisor in a school can only be filled by drawing a teacher from that category and he being senior to respondent No. 5 was entitled to be considered for the post of a supervisor and since he has been left out of the consideration he seeks a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ for quashing and setting aside the appointment of respondent No. 5 as a supervisor and to consider himself for such appointment.

(2.) This controversy arises from the following facts :

(3.) Mr. M.B. D'Costa, learned Counsel for the petitioner on placing reliance on sub-rule (5) of Rule 80 of the Education Rules, 1986 contended that the supervisor can only be drawn from the category of "Trained Graduate Teacher" based on seniority however subject to fitness and this according to him is clear from the note incorporated below that Rule. Sub-rule (5) of Rule 80 reads thus :