ORAL JUDGMENT R. M. S. KHANDEPARKAR, J. : - Heard.

2. The petitioner challenges the order dated 18th February, 1997 passed by the Education Officer, Zilla Parishad fixing the seniority of the petitioner below the respondent No.5. The challenge is on the ground that the same is in contravention of the provisions of law applicable to the parties.

3. Few facts relevant for the decision are that the petitioner was appointed as the Assistant Teacher in the respondent No. 4s High School on 9th June, 1980. He was thereafter appointed as the Head Master of the said High School on 31st October, 1996. Further he was appointed as the Head of the School on 4th November, 1996. The respondent No.5 was appointed as the Assistant Teacher on 15th June, 1981.

4. The petitioner acquired the qualification of D.Ed. in the year 1977, of B.Ed. in the year 1984 and further qualification of M.Ed. in 1994, while the 5th respondent acquired the qualification of H.D.Ed. in 1980.

5. The qualification of H.D.Ed. is equivalent to REd. in terms of the Government Circular No. PHE/1070 /12490 (1) (C) dated 1st January, 1971.

6. As there was a dispute regarding seniority between the petitioner and respondent No.5,

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