SHRIPAD SHIKSHAN MANDAL Vs. RAJARAM BHANDARI CHAVAN

JUDGEMENT

(1.) THE petition is not for final hearing on board. However, with the consent of the parties, the petition is heard finally. The facts that are material and relevant for deciding this petition are one that the post of the Head Master to which the controversy in this petition relates is admittedly in a primary school. Therefore, the conditions of service are governed by Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules framed thereunder. According to the provisions of the Act, promotion to the post of Head Master of the primary school is to be according to the seniority. Rule 3 of the Rule framed, lays down that a person to be appointed as Head insofar as primary school is concerned shall be the senior most trained teacher who has put in not less than five years service. The controversy in the present petition is whether it is the petitioner No.2 - Shri Nagnath Bhimrao More or Respondent No. 1 - Shri Rajaram Bhanudas Chavan is the senior most trained teacher. Particulars that are relevant for considering these aspects are that the petitioner No. 2 -Shri Nagnath Bhimrao More was appointed as a teacher on 6th December, 1966. At that time he was a matriculate. He acquired training qualification D.Ed. in 1992. So far as Respondent No. 1 is concerned his date of appointment is 1st July, 1976 and on his date of appointment itself he was not only a matriculate but also he was holding the training qualification D.Ed. The question is whether for working out seniority amongst the petitioner No. 2 and Respondent No. 1 the date of the acquisition of training qualification is material.

(2.) RULE 12 of the Rules lays down that every management shall prepare and maintain seniority list of the teaching staff including Head Master and Assistant Head Master and hon -teaching staff in the School in accordance with the guidelines laid down in Schedule "F". Perusal of Schedule -F of the Rule shows that in so far as the seniority of primary school teacher is concerned, it is to be based on the date of joining of service and continuous officiation. The Rule read as follows: -

(3.) IN the result the petition has substance. Rule made absolute in terms of prayer clause (b) i.e.