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, the same was referred for decision of the Education Officer, Thane, who after hearing the parties held that the respondent No.5 is senior to the petitioner on the ground that the respondent No.5 acquired the qualification of H.D.Ed. in the year 1980 which is equivalent to REd. prior to the petitioners acquiring B.Ed. in the year 1984, and therefore, when the respondent No.5 was appointed he was a trained graduate and the same was prior to the petitioner becoming trained graduate. Obviously the Education Officer refelTed to the appointment of the parties in relation to they acquiring training qualification and not with reference to their initial appointment in the service of the respondent No.4.

7. Upon hearing the learned Advocates for the parties and on perusal of the records, it is not in dispute that the seniority of the parties is required to be decided with reference to the Rule 12 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 hereinafter called as "the said Rules". The Rule 12 provides that : -

"Every Management shall prepare and maintain seniority list of the teaching staff including Head Master and Assistant Head Master and non -teaching staff in the School in accordance with the guidelines laid down in Schedule "F"."

The Clause 1 of the Schedule F under Rule 12 of the said Rules reads thus :

"1. Guidelines for fixation of seniority of teachers in the primary schools : -

The seniority of primary school teachers in Primary Schools shall be based on the date of joining service and continuous officiation."

The Clause 2 of the Schedule F under Rule 12 of the said Rules reads thus :

"2. The guidelines for fixation of seniority of teachers: in the secondary schools Junior Colleges of Education and Junior College Classes attached to secondary schools and Senior Colleges the Teacher should be categorised as follows:

Category A: Heads of Secondary Schools having an enrolment of students above 500 and Principals of Junior Colleges of Education having more than four Divisions on the basis of the dates of their appointments to the respective posts.

Category B: Heads of secondary schools having an enrolment of students of 500 and below, Principals of Junior Colleges of Education having four or less Divisions and Assistant Heads of Secondary schools having more than 20 classes on the basis of the dates of their appointments to the respective posts.

Category C : Holders of -

M.A/M.Sc./M.Com., B.T./B.Ed., or its equivalent; or

B.A.B.T./B.Sc./B.Com.B.T./ IB.Ed., or its equivalent; or

B.A./B.Sc./ B.Com.Dip.T.(old two years Course); or

B.A./B.Sc./B.Com. ,S.T.C/Dip.Ed. /Dip.T. (one year course) with 10 years post S.T.C. etc. Service.

1(B.A. Or its equivalent plus Senior Hindi Shikshak Sanad with five years service: or Jun

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