JUDGMENT - KAMAT G.D., J.:—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 :

The Missionary Society of St. Francis Xavier also known as Society of Pilar conducts and imparts education in secondary education known as Fr. Agnolo High School which is a Government aided school. This society is the fourth respondent in this petition, respondent No. 3

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