R. M. BORDE, J. :- The petitioner is assailing the order dated December, 2000, passed by Education Officer (Secondary), Nasik at Exhibit-O The petitioner No.1 is the public trust, registered under the Bombay Public Act and is an educational institution. The petitioner No. 2 is working as Master of Anandibai Bankat Boys High School, Chalisgaon. The respondent No.2 is Education Officer, Zilla Parishad, Jalgaon, who has passed the impugned order, whereas the respondent No.3 is Assistant Head Master of the school, was directed to act as the Incharge Head Master by the respondent N Education Officer. The petitioner No.2 was appointed as Assistant Teacher order dated 12th June, 1973 whereas the respondent No.3 Vijayalaxmi came to be appointed on 22nd July, 1983 as Assistant Teacher. It is content that respondent No.3 is, from amongst a reserved category and belongs to R Bhamta caste.

2. It is contended that in pursuant to the directions issued in an earlier Petition No. 2138 of 2000 one Mr. A. V. Yeole’s was appointed as Head Mast an order dated 30th September, 2000. The petitioner No.2, who was serving an Assistant Teacher was promoted as an Assistant Head Master. Mr. Yeole’s date of superannuation was also 30th September, 2000 and on superannuation, by an order dated 1st October, 2000, the petitioner N Ramkrushna was appointed as Head Master. On 17th October, 2000, petitioner No. 1 trust communicated the factum of appointment of petitioners No.2 as Head Master to the Education Officer and requested to grant necessary approval. However, the respondent No.2, by a communication dated 27th January, 2000, sought explanation from the petitioner No. 1 educational institutional, as to why the petitioner No.2 was appointed as a Head Master and further directed that the proposal of the respondent No. 3 for appointment as Master be forwarded. In reply to the show cause notice, issued by the Educational Officer, the petitioner No. 1 trust informed that the petitioner No.2 is Senior most person and is eligible for being appointed as a Head Master. The nation tendered by the petitioner No. 1 trust was not accepted by the respondent No. 2 and he further, by an order dated 14th December, 2000, authorized the respondent No. 3 to sign the pay bills as an officiating Head Master. It was also communicated that the respondent No.3 would, at the same hold the charge of the post of Assistant Head Master. The said order dated December, 2000, passed by the respondent No.2 is called in question in this on, by the petitioners.

3. It is submitted by the petitioners that the petitioner No.2 is the senior Assistant Teacher, who was appointed on 12th June, 1973 whereas the date appointment of respondent No.3 is 22nd July, 1983. Considering the claim of respondent No.3, from amongst the reserved category, she came to be promoted Assistant Head Master with effect from 1st February, 1992. The petitioner 2 came to be promoted as an Assistant Head Master by an order dated 30th September, 2000. The petitioner No. 2 is at serial No. 3 in the seniority list whereas the respondent No. 3 is placed at serial No. 4 in category-B. It is contended that, taking into consideration the provisions of Rule 3(3) of Schedule-F, petitioner No.2 shall have to be considered as senior and the institution did commit any error in promoting petitioner No.2 to the post of Head Master. The petitioners also placed reliance on a judgment, reported in (1999)7 see 209 case of "Ajit Singh and others (II) vs. State of Punjab and others". The Court, in the aforesaid judgment, considered the matter in relation to the Quota rule and observed that the roaster point promotees cannot Count their seniority for the promoted category from the date of their continuous officiation post of promotion vis-a-vis the general categories, who were senior to them were category and who were later promoted. The petitioners, as such, as canvassed that the petitioner No. 2 was appointed earlier in point of