The Education Officer has the exclusive authority to decide seniority disputes between teachers in private schools under Rule 12 of the Maharashtra Employees of Private Schools Regulation Act, 1977.

Headnote:
EDUCATION - MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS REGULATION ACT, 1977 - RULE 12, SECTION 9 - SCHOOL TRIBUNAL JURISDICTION - SENIORITY DISPUTE - EDUCATION OFFICER AUTHORITY - SUPERSESSION OF TEACHER - PROMOTION APPOINTMENT - INTERPRETATION OF STATUTE - COURT ANALYSIS AND CONCLUSION - EDUCATION OFFICER TO DECIDE SENIORITY DISPUTE WITHIN THREE MONTHS - SCHOOL TRIBUNAL ORDER SET ASIDE IF PETITIONER SENIOR - SCHOOL TRIBUNAL ORDER EFFECTIVE IF RESPONDENT SENIOR - STAY ORDER CONTINUES TILL THEN.
Fact of the Case:

Dispute about seniority between teachers in a private school. School Tribunal held respondent senior to petitioner and directed management to appoint respondent as supervisor. Petitioner challenged the order, arguing that the School Tribunal lacked jurisdiction to decide the seniority dispute.
Finding of the Court:

The School Tribunal exceeded its jurisdiction by deciding the seniority dispute between the teachers. The Education Officer has the exclusive authority to decide such disputes under Rule 12 of the Maharashtra Employees of Private Schools Regulation Act, 1977.
Issues: 1. Whether the School Tribunal has jurisdiction to decide seniority disputes between teachers in private schools? 2. Whether the Education Officer has the exclusive authority to decide seniority disputes under Rule 12 of the Maharashtra Employees of Private Schools Regulation Act, 1977?
Ratio Decidendi: 1. The School Tribunal's jurisdiction is limited to adjudicating disputes related to dismissal, removal, termination of service, reduction in rank, and supersession of teachers by the management. 2. Rule 12 of the Maharashtra Employees of Private Schools Regulation Act, 1977 specifically confers the authority to decide seniority disputes between teachers on the Education Officer.
Final Decision: The School Tribunal's order was set aside, and the Education Officer was directed to decide the seniority dispute within three months. If the Education Officer finds that the petitioner is senior to the respondent, the School Tribunal's order will be set aside. If the Education Officer finds that the respondent is senior to the petitioner, the School Tribunal's order will take effect.

JUDGMENT - T.K. CHANDRA SHEKHARA DAS, J.:---First petitioner is a Manager of the V.K. Joshi, High School Jr. College, Karajgaon Tal. Dapoli, Dist. Ratnagiri and the second petitioner is a Head Master of the said High School and third petitioner, who was appointed as a Supervisor, was subsequently put in charge of the Head Master. On a complaint made by the first respondent against the 2nd petitioner and 3rd petitioner who are working in the school as teachers, there is a dispute about the seniority between themselves. According to the seniority maintained in the school by the management, the petitioner No. 3 is senior to the respondent No. 1. When the management made promotion to the post of supervisor, following the seniority which is in force, the first respondent approached the school tribunal. The school tribunal by the order dated 17-10-1997 has held that the respondent No. 1 is senior to the petitioner No. 3 and therefore, the respondent No. 1 is entitled to be promoted as supervisor in the place of petitioner No. 3. Accordingly, the school tribunal has directed the management to appoint the respondent No. 1 as supervisor w.e.f. 1-7-1986, the date on which the post of the supervisor arose and with all attending benefits. This order is under challenge in this writ petition.

2.I heard the learned Counsel for the petitioner Shri Rege and the learned Counsel for the respondent No. 1 Shri Langote and for respondent Nos. 2 and 3 Shri Pai, A.G.P. In the nature of the contention raised in the writ petition, I do not think it is necessary for me to go into the disputes between the respondent No. 1 and petitioner No. 3, regarding the inter se seniority between them. The only point urged by the learned Counsel for the petitioner Shri Rege is that the School Tribunal has exceeded the jurisdiction and entered the finding about the seniority between the petitioner No. 3 and respondent No. 1. In order to fortify his argument he has taken me to provisions of the Maharashtra Employees of Private Schools Regulation Act, 1977 and Rules 1981. (hereinafter called as the Act and Rules made there under). Rule 12 of the said Act deals with the Seniority List which reads as follows:-

Rule 12---Seniority List.---Every Management shall prepare and maintain seniority list of the teaching staff, including Head Masters and Assistant Head Master and non teaching staff in the School in accordance with the guidelines laid down in Schedule 'F'. The seniority list so prepared shall be circulated amongst the members of the staff concerned and their signatures for having received a copy of the list shall be obtained. Any subsequent change made in the seniority list from time to time shall also be brought to the notice of the members of the staff concerned and their signatures for having noted the change shall be obtained.

(2) Objections, if any, to the seniority list or to the changes therein shall be duly taken into consideration by the Management.

(3) Disputes, if any, in the matter of inter se seniority shall be referred to the Education Officer for his decision.

Based on this Rule, Shri Rege argued that if any dispute arose between the teachers or a teacher on one hand and the management on the other with regard to the seniority prepared by the management then that has to be referred to the Education Officer for decision. Therefore, Shri Rege argues that any dispute with regard to the inter se seniority between the teacher on the one hand and the management and or teachers has to be decided by the Education Officer. The School Tribunal, according to Shri Rege, has exceeded the jurisdiction because the School Tribunal has not been given the power to adjudicate upon the dispute with regard to the seniority of teachers. When the statute prescribed specific authority to discharge the specific duty, it is incumbent upon the authority to confine to those specific duties and it should not travel beyond that and decide the issues referred to them which are n

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Judicial Analysis